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Ritwik (IT)     19 April 2018

Seeking suggestions for taking 6 years old son with me

I am in marital discord for last 5+ years. A Situation may arise soon when I have to start living in a separate accommodation without my wife. I want to ask experts, if, overriding my wife's resitance (needless to say without physically injuring her), I take my 6 years old son with me, would it attract any legal charges against me? Can she engage police to take my son back to her? If so, under what charges? I know that biological father can not be charged as a kidnapper. Till now no cases filed by any of the sides.


 7 Replies

TGK REDDI   19 April 2018

The custody of child is the right of the father if it is above 5.

This, however, is a vast subject.     But I dislike the usual advice: consult a prudent Advocte.

I ask you to type child custody in Google.      You'll see a host of articles.     Study them.     They'll be more helpful and convenient than my reply however elaborate it will be.

Vijay Raj Mahajan (Advocate)     19 April 2018

Yes you are biological father, natural guardian and custodian of your minor child. Nowhere it is stated that the father can only legally hold custody of minor child if the child is more than 5 years, Wrong information being circulated here should be avoided.

​No case for custody filed by your wife nor any order passed by any court for the wife to hold complete physical custody, you are free to take your son with you. If the wife lodge any Police complaint against you, take a lawyer with you to handle the situation, because you being layman will be dodged by the crocked police officials and lawyer will handle them legally.

TGK REDDI   19 April 2018

Shri Vijay Raj Mahajan

Dear Sir

It's not uncommon that members ( and, for that matter, experts ) err.       I think it's haste to say wrong information is circulated.    Please don't make haste in deciding the sincerity of the members.      Please remember lawyers' sincerity is public secret.      You can't become wise by slinging mud.

Yes.    I was wrong.       But there's a metod in my madness.      Please type Custody right of Indian moms ( and dads ) after divorce in Google.     Read it completely. 

Kumar Doab (FIN)     10 August 2018

Which personal law applies in your case?

Are you all Hindu?


Kumar Doab (FIN)     10 August 2018

Guardian can be ; Natural Guardian, Or as appointed by court..

In case of Hindus, Father is natural guardian (unless unfit).

Custody of minor that has not attained age of Y shall be ordinarily with  mother.

Welfare of child is of paramount concern to courts.

The right to guardianship is subordinate to welfare of child.

If felt, the court may ask the child.

If child favors staying with father, court may agree.

Kumar Doab (FIN)     10 August 2018

In the meantime GO thru;

Guardians and Wards Act, 1890;19

Hindu Minority and Guardianship Act, 1956;4(b),6(a),13


Probably you are apprehending charges of kidnapping etc ..

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……


Your query is posted from many perspectives in many threads and is addressed.

 In threads you have posted that custody is with your spouse and you are not being allowed to meet.

Probably there is NO restraining order.

Your wife is staying with son in different floor and you are in different floor and your parents are in different floor.


Have a Heart Foundation (Sales & Mktng)     02 February 2021

A Survey is being conducted for Reforms in functioning of Family Courts in India.

Separated Parents in Child Custody / Visitation disputes are requested to participate and fill the form in link below.

Our Children Deserve Better

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