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avniz aggarwal   06 April 2023

husband has taken away the child

we filed MCD, but during second motion Hon. Judge cancelled the application, because he wanted to meet the girl child of 6 yrs and her mother denied that. in petition it was clear that girl child with remain with mother.
mother didn't file any case expect 13B .
now mother is living in different city with the child and her parents
but now husband has taken away the child from the apartment premise to his home and msged her that child is with him. please guide what to do. all expenses of school medicine is bearwd by the mother. please guide what to do.


 9 Replies

mohit dahiya   06 April 2023

u can file a complaint about the same to concerned authority by penning down all the facts and Giving evidence that child has been taken in that manner

Shakti Maan (lawyer at Supreme Court delhi 9650334626)     06 April 2023

You can file contempt of court against the person, by mentioning key factor that in court order it is mentioned that mother will have the child custody and despite that the husband took the child without consent... otherwise call police for kidnapping...

mohit dahiya   06 April 2023

if need proper and legal advice . u can reply

Dr J C Vashista (Advocate)     07 April 2023

@ Avniz Aggarwal,

What is the relief sought in the application which is stated to have been "cancelled" by the Court? What is the reason / plea of the Court in so called "cancellation" of application ? Who had filed the application ?

Whether decree of divorce under Section 13B(2) of the Hindu Marriage Act, 1955 has been passed by the Court and what is allowed / rejected qua visitation rights of father ? 

Incomplete information cannot lead to form proper opinion and oblige.

What is the opinion and advise of the lawyer engaged and paid by the parties to the MCD petition who is well aware about facts and circumstances of the case?

What is your locus standi / concern / dispute to the facts posted by you, if it is not a hypothetical and time pass query ?

Real Soul.... (LEGAL)     07 April 2023

Once had a same case but the lady was very sharp and clever, upon instructions she filed FIR and the father was charged with Kidnapping, Still bearing the pain of that event.

Rahul Goyal   07 April 2023

Father has the right to take away the child if you isolated the child from father for last so many years. Kidnapping case does not apply to guardians. If the child is willing to live with the father, let her live there. Expenses of school and medical can done by father also. These are not the grounds of claiming that child is your property. Thats why shared parenting is advisable.

Your child loves the father thats why has gone with the father

Real Soul.... (LEGAL)     07 April 2023

That is when the people try to be counsels, having no acquaintance with the trail track of  facts of this l query neither knowing the grounds and meaning of taking away a below seven years female child from mothers deemed custody – even judgment to the extent of refusing the meet.

Traditional system in legal combat is far too ancient now. Father is of course legal guardian but once the matter is disputed and established that the mother has been in control and custody of child a father has to take permission to meet specifically when child is female below seven years age.

Submit the Consent documents and court dismissal order with your complaint in police station ,he will be certainly charged.


T. Kalaiselvan, Advocate (Advocate)     11 April 2023

The father has equal rights over the child. 

The mother arrogantly refused the father's desire to visit his child,  hence he took away the child forcibly. 

The mutual consent divorce petition was dismissed owing to husband's refusal to confirm the consent because the wife denied the father's rights over the child. 

When the petition was dismissed then the averments or the pleadings made in the petition is not maintainable. 

Sudhir Kumar, Advocate (Advocate)     14 April 2023

You need to meet a lawyer with full facts.

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