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naveen (business)     11 June 2017

Child custody

Hi experts, Will provide valuable suggestions..... Since 2013 only 4 months married life. I heard that child custody case will run where child resides. My question is, 1) Girl child of 2.5 years resides with mother since from birth, and bcoz of family issues father not allowed any access of child, he faces life threat from in-laws and wife. So far no cases filed by either and wife left husband on her own will and bcoz of parents too much interference, no cases of her will sustain in any Court. 2) In such case, If father picks the child from wife's parental home, what are the consequences he will phase? 3) Can IPC 365 kidnap case filed on him? What other cases can be filed on him? Are they sustainable? 4) What is the legality of it, as father is too a natural guardian and has all rights on child to make it live with him. 5) Can police interfere and ask father to handover child to mother immediately? If he denies to handover than what actions police may take on him. 6) Do police have any rights to ask father to give child to mother? Or she has to approach court for child custody on the basis of merits. 7) Can court give interim order to handover child or she has to wait till final judgement? 8) Is it possible to retain child and later fight custody case if required 9) Usually custody case will run at child's residential place 10) I want her feel the pain of not having child with her, wat pain I suffered so far. Please Share ur views to help all husbands who stay away with their children


 3 Replies


I certainly feel your pain, every bit of it. I am in similar boat. My suggestion simply is not to forcibly take away the child (for a lot of reasons), but rather either go through personal channels to convince or apply for permanent custody of the child under Guardians and Wards act and pray for interim visitation rights as per Section 12 of GW Act. Surely, the child will be brought to court, or else she will lose custody and so will be scared and bring to court. 

Kunuthur Srinivasa Reddy   11 June 2017

I totally agree with Learned Counsel Ramesh Singh's contention. The girl child will go to her mother only as per law, that too being aged 2.5 years. It is unfair being revengeful in the welfare of girl child, who by default became unfortunate victim of abduction. Reabduction will land you in to trouble as it attracts criminal law and action thereof. Have patience and seek right to visitation or joint child custody adopting legal means since such right can not be denied.

Ms.Usha Kapoor (CEO)     12 June 2017

Till your daughter completes 5 years of age you can't claim child custody as mother is the natural guardian upto 5 years completion. Now you will get visitation rights.After the child completes 5  years age  you can file child custody petition as father will be natural Guardian then..

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