Ritwik (IT) 26 January 2016

Legally stop mother to take minor child away from father

There are umpteen cases read and heard that in a broken martital relationship, wife takes her minor child and leaves matrimonial home (I am not talking about those cases where wife is totured truely and are forced to leave). Is there a leagl way to stop wife from doing so? Especially when child is of poor health and moving him/her away from father would disrupt his/her wellbeing?

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5 Replies

prabhakar advocate (advocate) 26 January 2016

By filing Injunction suit.

Ritwik (IT) 26 January 2016

Thanks @prabhakar advocate. May I ask whether that can be filed apprehending such a situation beforehand (i.e. marital problem and there is enough resaon to apprehend that mother may move to another place)?

prabhakar advocate (advocate) 26 January 2016

Yes.

Ritwik (IT) 26 January 2016

How much time it usually takes from filing one and in effect?

Kumar Doab (FIN) 10 August 2018

The act of spouse to distance the child from father/Natural Guardian may be termed as act of cruelty.

Approach in person alongwith elders of your family, competent and experienced well wishers, seasoned PIP, a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family/Guardianship/Civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and share inputs /show the documents/evidence for a considered opinion..

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Family/civil courts, HC, SC……