Sir, My wife is living separately from me in a different town. She has taken a room there on rent. My two children are also with her.My daughter is 11 years old and my son is 6 and a half years old.I visit them whenever I want. Still there is no custody order passed by the court.This Sunday when I visited them, my son(in the absence of his mother) told me that he wanted to come with me.Perhaps he misses his father (Me) internally. He asked about many things of my home.Sir please suggest can I take away him without her mother's permission ?Would there be any complications regarding police ? Please suggest sir ?
File petition for custody of both children under the Guardians and Wards Act in the Family court where the children are presently living with your wife. The Court will make suitable order in this regard.