Anil Kumar 19 May 2016

Wife planning to kidnapping minor daughter to aborad

Dear All, Myself & my were separated past 10 months now Past 10 months I don't know where they are , I had approach local police & I had filed a case in district family court under the guardian OP act. The case is pending in court , recently my wife came to our home down for putting vote that time she had informed my friend's wife that , she is going to take my child to Canada Now, family court is leave in our district, using this , she is planning to kidnapping my child to abroad. Since the case is pending in court , local police is not taking any action against my wife family The court will reopen in 1st of June, so please advise me how I can stop my daughter kidnapping Myself I'm in UAE, now , plz your early reply will be helpful to save my daughter from this kidnapping

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4 Replies

Vakalath (Vakeel No. 1) 19 May 2016

One parent taking away the child by force does not amount to kidnapping in the real sense, that too when child is small.

Here you are already living abroad and child is not with you from the beginning.

You can at the most file a visitatoin rights case or a custody case, which you have already done. You need to inform court about this, so that she will not take the child outside of country without your permission.

However, with you in UAE, what kind of parenting you will do? You filing custody case or visitation case does not make any sense. To do all that you should be available on site in person here back in India not sit somewhere and file case for sake of filing.

For kid both parents is the need, you are both acting like that Karishma Kapoor and Sanjay Kapur, but finally court gave only visitation rights to the father, and custody to the mother, with father paying huge alimony to karisma in exchange of diovrce.

What I suggest is, try to reconcile, warna haath mein paise b nahi rahenge, na baccha haath lagega, saalon tak court mein nautanki karni padegi.

Eerangere Sana (Excellent Lawyer) 19 May 2016

If she wants to kidnap your daughter, let her do it, you take divorce from her and remarry, such women are a problem to their parents as well as society in whole, she gave birth to baby, let her keep it, the woman who does not value you, will never value anything about you. Punishment for her is let her take care of kid herself, dont pay a single paise for her or the kid as alimony, simply ask them to come and stay with you if court asks u to pay alimony, court cant do anything if you dont pay, when you want them to come and stay with you.

A walk alone (-) 19 May 2016

If mother take away the child by force does not amount to kidnapping , when child is small. Here you not living with child from the beginning. You have already file custody case.You need to inform court about this, so that she will not take the child outside of country without court permission. You can take help of higher police officers if local police is not taking any action.

prabhakar advocate (advocate) 20 May 2016

If child is removed by mother from the jurisdiction of the court to avoid any adverse order from the court, the aggrieved father has to have a way to deal with this matter. As Family Court in in vacation, he has to approach HC under Art. 227 of COI making wife and passport authroity as parties and seeking the custody of passport till the disposal of the case before Family Court. The HC will work in vacation also with vacation judges.