LOKENDRA KUMAR (Advocate) 03 April 2014

Remedies with woman in case of non-judicial seperation

Dear Sir,

I am a law graduate and reading some topics for family law, I came around cases where I want to get some deep idea about what all remedies are available with a married woman if she is having a child less than 10 year old.

Can you please suggest me -

Preconditions -

1. Female is living seperate from his husband for some times, due to domestic voilence or some same kind of reasons.

2. Couple is having some child less than 10 years old.

3. There is no judicial seperation or case filed.

Topics -

1. what all remedies are available regarding child custody with wife.

2. what all remedies are available regarding child custody with Husband.

3. If child is with mother, is there any case where custody can be given to father.

4. What left to mother if child is taken away by father by any forceful mean, if there is no judicial seperation proof with wife.

5. Is it possible to file a case of father in that case for kidnapping.

Reading hindu law may be having some more such doubts clarifying on adoptation and protection of woman under domestic voilence and his rights in case of mishappening like above cases.

Thank You,

Lokendra

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1 Replies

Adv k . mahesh (advocate) 04 April 2014

husband has every right of the child custody and the case you wanted in simple words no can stop meeting his own child and judicially also if they go to court husband can get custody of the child

it is not clear why and who left but due to dv you told they are leaving separately

if the child is 5 years less then court will consider mother and may give custody of the child but less than 10 years (exactly not mentioned) means if father goes to court and proves that he can take care child then court may give permission and

about kidnapping means mother cannot because if father proves that he is father then