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raj5555 (lawyer)     20 July 2009

kidnapping

if a husband take child of 7yrs from her wife . is there will be kidnapping case.

if child comes with his will . can police register kidnapping case and arrest child and handower to wife



Learning

 9 Replies

Preetika Aggarwal (Student)     20 July 2009

Hello

U did not tell us husband & wife are divorcee or not?

without divorce, kidnaaping charge is not possible, because accused is her husband and has a right on his child, and child is also want to go with him.

There is not possible filling the case of kidnaaping on the father of a  7 years old child without the divorce.

Balbir Singh Chauhan (lawyer)     20 July 2009

Hi

there are chances that a case of kidnapping can be filed against the husband if  the husband wife had got a decree of divorce from the court  and the wife is the natural guardian of the child.

 

Feroz M Shafeeque (Police Officer)     07 October 2009

Originally posted by :raj5555
" if a husband take child of 7yrs from her wife . is there will be kidnapping case.
if child comes with his will . can police register kidnapping case and arrest child and handower to wife
"

 

In any case the victim cannot be arrested.

Raj (fr)     13 October 2013

can the father file petition in court that child was not taken care properly so he has taken the child with him.Can this help him.waht other options are available with him for his protection.

Rgds,

Raj

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 October 2013

Dear Querist

there is no offence till the mother/wife get an order from the court for child custody, if there is no custody order then the husband is not liable to prosecute or the husband has not committed any offence. it will be better for husband to file a suit before district judge under Guardian & wards Act for appointment of Guardian of Minor Child along with the application under order 39 rule 1&2 of CPC for restriction order.

Feel Free to Call

Mayank Kumar Advocate (EAST DELHI)     16 October 2013

this is not kidnaaping .

pankaj vats (medical officer)     24 October 2013

KINDLY HELP WITH YOUR WORTHY ADVICE;

A POLICE OFFICER FILED AN ISTGASA( PRIVATE COMPLAINT) TO COURT JMIC, ALLEGING ANOTHER SENIOR POLICE OFFICER AND OTHER TWO CIVILIANS COACCUSED KIDNAPPED HIM, AND HIS YOUNGER SON, TAKEN AWAY BY THEM, ALSO THEY DETAINED ME IN POLICE STATION.

NOW I CAME TO KNOW WHEN JMIC SUMMONED ME, 

MERITS:

1. THE INCIDENT WAS BEING TOLD 4 YRS BACK.

2. THERE IS NO F.I.R. TILL DATE

3.HE HIMSELF BEING POLICE OFFICIAL IF ABDUCTED , WHY NO COMPLAINT WAS GIVEN BY HIM THAT TIME ONLY, OR IF NOT CRIMINAL COMPLAINT, SOME DEPARTMENTAL COMPLAINT MAY HAVE BEEN GIVEN BY HIM AGAINST HIS SUPERIOR OFFICIAL ATLEAST.....NO SUCH DIARY, COMPLAINT, FIR IS THERE AGAINST ANYBODY.

4. OK NOW IF ABDUCTED WHERE THEY WERE CONFINED TO .......... AT POLICE STATION. WHAT A SURPRISE.

5. STILL TO GO....WHO GET THEM OUT OF CUSTODY IF NOT CONFINED TO POLICE STATION, FOR HOW MUCH TIME HE WAS ABDUCTED AND CONFINED.   TOTALLY BULLSHITTING.

NOW COURT SUMMONED ALL THREE ACCUSED.... WHAT I SHOULD DO.

I HAVENT GOT SUMMONS YET.

SHUD I RECIEVE SUMMONS

ANTICIPATORY BAIL FRM WHERE I CAN GET

WHAT CUD BE THE FURTHER PROCCEDING OF COURT.......KINDLY HELP WITH UR WORTHY ADVICE. THANKS

 

Tinku Bhai (under law graduate)     24 October 2013

as your kid is more than 5 years old so no case of kidnapping is made out .

Tinku Bhai (under law graduate)     24 October 2013

as  kid is your own more than 5 years old custody will be decided by the court only.  no case of kidnapping is made out against you .


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