Subhomoy Das (Retail Manager) 20 November 2012

Kidnapping

CAN A FATHER BE CHARGED UNDER CrPC 363 FOR KIDNAPPING HIS OWN SON WHO IS JUST 2.5 YRS OLD. MOTHER NOT ALLOWING THE FATHER TO MEET WITH HIS SON. IF THE FATHER BY TRICK OR BY FORCE TAKE THE BABY TO HIS OWN HOUSE THEN CASN HE BE CHRGED/ ARRESTED FOR KIDNAPPING HIS OWN SON. IF IT BE CHARGED THEN WHY CANT THE MOTHER ALSO BE CHARGED FOR FORCEFUL RETENTION OF HER BABY AND NOT ALLOWING HIM TO MEET WITH HIS FATHER. DOES THE LAW HOLD ONLY FOR THE FATHER ?

PLEASE ADVICE.

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6 Replies

Never Give Up (Fighter) 20 November 2012

Father can not be charged for kidnapping of his kid.

Nitish Banka (lawyer) 20 November 2012

Bare reading of se 361 will answer your query, It says taking or enticing an minor out of the keeping of its lawful guardian without consent, Father is considered as lawful guardin hence no cause of action arose.

santhosh.g. (advocate) 20 November 2012

If the child under the lawful coustody of the mother, if father eitherway taken the child he can be charged under the provisions of penal code. If mother is not the legal custodian of the child, the father cannot be! In a recent judgement mother also can be the legal gurdian of the minor. Wellfare of the chile is prim important

santhosh.g. (advocate) 20 November 2012

Chetan Joshi (Advisory/Advocacy) 21 November 2012

Subhomoy is this under visitation right?

If mother has the lawful custody of the child then yes!...Father will be charged with kidnapping...

Regards

Chetan(dot)7679(at)gmail(dot)com

BRajesh (MRKT) 21 November 2012

will it be same if father try to bring the son who is with mother after she filled the 498A as well DV case.there is nno child custody request from mother in DV case.