Dear learned members,
Please enlighten me in respect of the problem described below:
1) H (husband) and W (wife) were legally married and as a result of the marriage C (male child, aged 8 yrs) was born.
2) Some years after C was born W went away to her paternal house alleging dowry tortures by H. Files cases u/s 498A IPC. 498A case is pending. Then she files a case u/s 406 IPC for recovery C. Court issues search warrant and C was taken from A's custody and given to W. Thereafter 125 CrPC case was filed wherein A took the plea that he is not well earned and he depends on his father for living. Maintenance was allowed to W and C. Revision against the order is pending.
3) Now after about almost 1,1/2 years, H wants back the custody of C from W.
My query before the learned members is, what type of suit should A file now:
(a) whether A should opt for a civil suit for a declaration that he his entitled to get possession of the child and for recovery of possession of the child from W? or
(b) whether he should file a suit under the gaurdianship and wards act?