Legal Question in Family Law in India

this is for Mr. S. Goelsahab and Mr. Rajiv Guptaji:

in answers to my previous questions, I was advised that since my wife is staying separate from me and has also taken away teh child, I cannot takethe child back from her. Mr. Goel also mentioned that it could lead to a possible jail term. Would I be kindly told under what law could a father be stopped from taking the child with him? Can he be charged with abduction or kidnapping, who is a legal natural first guardinan of the child, though the child is below 5 yrs of age? If mother does want the custody of teh child, does she not have to procure it from the court first by either filing the divorce/maintenance case? In our case, so far neither party has approached the legal front. if the wife simply wants to stop the father from taking the child away, I reckon she cannot just do it like that without feigning charges.

Of course I am trying my best to make sure she returns to her matrimonial home without any much hassel or fuss, but since it is she who has deserted the society of her husband and has carried the child with her in absence of the husband from home, and since it is her decision to seek divorce, why should i the father stay without the child without any rhyme or reason? if she wants the child, then let her go to the court, and then I will also dutifully hand over the child to her, i.e. if teh court orders so. as I understand, she may not be entitled to stop the father from taking the child. Later, once the child is taken away by the father, she may have to seek the child's possession through the court, as even the police can't do anything against the father as no case of abduction/kidnap is possible.

please kindly advice, and if possible do please state the legal provisions under whic the father can be legally, justly and rightfully prevented from being with his own child?

please


Asked on 4/10/10, 2:04 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

If child's father is immuned from the offence of kidnapping/abduction, so is the child's mother. However, your act and conduct in disturbing the status quo may constitute 'cruelty' and 'domestic violence' for which you may suffer a jail term. You may educate yourself by going through the legal provisions involved as contained in I.P.C. and the D.V.A.

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Answered on 4/11/10, 6:26 am


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