How to get my child back in case wife has deserted me

Manish,

You are right in saying that you can be booked for kidnap if you take the custody of the child without court orders. Why you want to get into trouble of  being labelled as 'accused' unnecessarily? So, it is better if you file a case for custody of the child and get the orders passed. 

Yes. Your are right Miss. Suchithra

Dear Author,

U should file a case for the custody of your child by mentioning the reasons why the court should pass an order in your favour and against your wife. For further detail you can contact me at : 09871158578/09711364956

In general, courts tend to award PHYSICAL child custody to the parent who demonstrates the most financial security, adequate parenting skills and the least disruption for the child. Both parents continue to share legal child custody until the minor has reached the age of 18 or becomes legally emancipated. Legal custody means that either parent can make decisions which affect the welfare of the child, such as medical treatments, religious practices and insurance claims.

so only one parent is held primarily responsible for the child's housing, educational needs and food. In most cases, the non-custodial parent still has visitation rights.

Well my colleagues have given u the right advises here .... there is nothing more  i can say ....

As per Guardian and Ward Act, the custody of the minor till the age of 5 normally remains with the mother. After attaining age of 5, the custody may go to either of the spouse who is more capable to look after the welfare of the child and has no proven disabilitydisqualification in this regard.Yes, even if one is entitled to get the custody, one cannot steal the custody from the other spouse who is in possession as it would amount to abducation. You have to get thecustody through proper process of law. You are correctly adivsed by counsellors.

valentine,advocate

How long you are living seprately. plz explain and also the age of child.

Also mention whether any case is pending or not.

Regards

adv.kamal.grover@gmail.com

Dear Mr. Manish,

Technically you cannot be charged with kidnapping your own child provided there is no court order giving custody of the child to your wife. However, such steps may bring dificulties for you. Therefore the better way out will be to go for a custiody case under Guardian's and Wards Act and seek custody of the child. You will atleast get a visitation right. However, if you have a son and he is aged 7yrs and above you  will have a fare chance of getting custody. In case of daughters this age condition goes to 12 years or more.

Adding to Sh. Kamal's que. I would like to know

1. Why you want custody of your child?  Think of 5 years from now, 15 years from now and so on so forth and before answering kindly  visit any court for 3 hours.

2. How strong "emotionally" you are? Ask your folks and parents and then answer.

It is not a stupid que. that I have asked you.

I am fighting my own female child custody case hence I know first hand the ups and downs and what Court actually means to tell you in custody suits !

However, all the very best.

Rgds,
D. Arun Kumar, New Delhi

Yes , you can book for offence of Kidnap.

How old is your child? It is better file a case for custody of your child & obtain order from the court.

 Please dont relay on information from internet.  Just receive advice from a good lawyer, practising in the Family Court, where the child resides now.

What is the age of your child?  Since how long you are living apart from each other?  Is there any case pending for maintenance? What is your wife, whether she working or a housewife.