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Sarika Dutta   10 February 2022

child custody

Hi,

My maid's husband has taken their kids to the village and have left them with his mother, citing the reason of covid situation in the city. They have 2 daughters, one is 9yrs and other is 3yrs old. She is unhappy about his decision and wants her kids back as both of them are living separately due to incompatibility issues, daily fights between the two.
She wants her kids back as she is a
not sure if they are being taken care of properly at the village. Also as a mother she is deprived of her children. What can she do?
What options does she has?
who can she report to?


Learning

 3 Replies

K.P.Satish Kumar (Advocate)     10 February 2022

Give a police complaint to produce the child. the mother can go to the village and get back the child. as she is the natural guardian no one can question her. on failure give police complaint. at last resort she can file petition for child cudstody in court. if it is with the mother in law she can also file HCP in high court for the illegal custody of the child. 

G.L.N. Prasad (Retired employee.)     10 February 2022

Take her to approach any local Women Voluntary agency or Officer for Women welfare, as they are better equipped to take care of these issues in a professional way from accepting a complaint to finding the ultimate remedy.

Dr J C Vashista (Advocate)     11 February 2022

She will have to file a complaint u/s 12 of Protection of Women from Domestic Violence Act, 2005 through a local prudent lawyer, if she is interested in intervention of Courts.


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