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Ellora Baliar Sinha (Legal Advisor)     01 December 2016

Criminal procedure

A 9 year old son is living with his father who is an habitual offender. On the pettition of child's mother can magistrate issue a search warrant against father considering such confinement of son with him as an offence.


 3 Replies

Pawan S (06292021602) (Advocate)     01 December 2016

File child custody petition under Guardians and Wards Act. In courts these cases carry the acronym GWC petition.


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File a writ petition under the writ of Hebeas Corpus which mean High Court shall direct the person to produce the son eother before the court of before the local police station. Search warrant shall be of no use in this case. 

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Sudhir Kumar, Advocate (Advocate)     03 December 2016

unless the custody is debarred to him the fathe3r can have custody of child.


in this case you mean to say that father has criminal intent and the future of child is not secure.  Let your advocate see the provisions of JJ ACt

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