Wrongful confinement of my son

Suraj Kumar (Querist) 12 February 2024 This query is : Resolved
Sir,
My wife is saperated from me & remarried. She leave my son to her mother. I have filed child custody case against her before district court. My son is now seven years old & he never goes to schoo, now under custody of grandmother. In spite of my prayer before district judge for admission my son at my cost to best school of the localy they refused. The district court is vacant for last six months as no judge is posted there.

As per section 75 of juvenile justice act (if applicable in this case):
Whoever, having the actual charge of, or control over, a child, assaults, abandons,
abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted,
abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary
mental or physical suffering, shall be punishable with imprisonment for a term which may
extend to three years or with fine of one lakh rupees or with both.

Sir,
Can I pray before SDM u/s 97 CRPC for issue of search warrant against wrongful confinement by grandmother of my son, since such negligence to education is clear intertional offence to destroy my son's future.

Please advise me for the welfare of my son.

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Quick Summary

A father is concerned about his seven-year-old son being kept by his grandmother, who has allegedly prevented him from attending school. The father has filed for child custody and is exploring legal avenues, including a potential search warrant under Section 97 of the CRPC, due to the child's lack of education. While advised against deviating from the ongoing custody case, he has approached the High Court for an expedited hearing.

T. Kalaiselvan, Advocate (Expert) 13 February 2024
You have already filed a child custody case under the provisions of guardians and wards act, hence any attempt to deviate the procedure of law may become fatal to your own case.
You may approach high court with a petition seeking expeditious disposal of the petition giving the same reasons for this urgency.

Suraj Kumar (Querist) 13 February 2024
I have already moved to High Court for Speed Trial of custody case. But it may take 4-5 months time.

kavksatyanarayana (Expert) 13 February 2024
pray the court through your advocate for early disposal of the case.

T. Kalaiselvan, Advocate (Expert) 13 February 2024
You may have to endure all such practical hurdles, there are constraints everywhere hence you maintain patience and closely watch the developments.

Sudhir Kumar, Advocate (Expert) 14 February 2024
There cannot be a kidnap charge on the mother.

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