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Ritwik (IT)     23 September 2017

Will it be illegal if father takes the child away forcefully

My 5 years old son is being confined by his mother. I am not at all allowed to visit him, even though they are in the same house. I am not applying force since that may invite DV or other charges. Now they have gone to her parent's place. Now if I apply force and bring my son to my place, would be that be illegal?


 3 Replies

Siddharth Srivastava (Advocate)     23 September 2017

File the case to claim the custody of your child and as interim relief ask to meet the child in court on a regular interval so that a bond could be developed. Donot take law in hands.

Born Fighter (xxx)     23 September 2017

What is the dipute between you and wife ?? Try to work out solution by discussing issues with marriage counsellor / by involving families.

From the attitude of ur wife it seems u will have much difficulty in peaceful access of your own child. But pls accept the situation....Any force from ur end will provoke ur wife to go legal and file cases on you /family.

Getting custody of child is an legal option, however these cases take years to reach to its end and u will waste many yrs roaming around courts. 

As far as possible try to settle dispute outside courts as things have not gone legal yet between both of you.

Take legal steps after carefully assessing the situation . All the Best !!

Adv Radhika Mehta (Advocate)     25 September 2017

Yes you can take the child away forcefully as firstly, there are no matters pending in the Court and secondly, your wife has obtained no restraining order against you.  However, if you want to take the legal route, the same has already been advised to you in your previous post. 

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