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Parental kidnapping

(Querist) 20 December 2016 This query is : Resolved 
In India do we have any law regarding parental kidnapping? If not, on what basis these matters are decided?
Rajendra K Goyal (Expert) 20 December 2016
Academic query.

State material facts of the problem if any.
How are you concerned / related with the query?
Sudhanshu Jatav (Querist) 21 December 2016
I am writing a research paper and online sources does not provide a clear answer to this.
Guest (Expert) 21 December 2016
There is No Law Titled as "Parental kidnapping".For Example In court the order says the child should be with mother with prescribed time to father to meet/visit the child and if father takes away the child with out following the Court Orders it is nothing but "Kidnap".
Sudhanshu Jatav (Querist) 21 December 2016
If, Husband and Wife are not divorced and there is no court order for custody but, due to some family dispute Wife takes away the child(minor) and restrict the husband from seeing the child. Would this still amount as kidnapping?
Guest (Expert) 21 December 2016
Mother is the Legal Person entitled to have the Custody of Child irrespective of any thing.Father could Seek remedy only thro Court and Not Police
Sudhanshu Jatav (Querist) 21 December 2016
Thankyou
Guest (Expert) 21 December 2016
Welcome Please
Rajendra K Goyal (Expert) 21 December 2016
Father can approach court for custody / visitation rights.


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