Legal Question in Family Law in India

I separated from my husband for last six months with my daughter who is 4 yrs old. He tried many times to make compromise, but i am adamant not to rejoin him. A few days back, he came with a few of his relatives and an influential person from ministry along with the police. HE took my daughter away. though there was no violence, but since the police was with him, we could offer no resistence.
What are my rights to get my daughter back? As she's below 5 yrs female child, do I automatically get entitled to the child's possession. I do't understand the word 'custody' because it is the word used in the law. Does it mean I have to seek the child's custody now through court? What my husband has done is legally admissible or unlawful? I am prepared to ensure he goes to jail for what he has done. My local lawyer has advised 498A, but does it involve child's getting back provision? Does my husband have the legal right to keep the child as he claimed he is the natural legal guardian beig the father? does he have immunity against abduction/kidnapping? he is an educationist, and a reputable person in the societyu? does this act of his make him a defaulter in the eyes of law? I am earning. can i claim maintenance from him? did he have the legal right to take the child away? may i use hibes corpeus?
please reply. I am a highly troubled mother.

Asked on 6/22/10, 11:08 pm

Prof.Somnath Mukherjee s.mukherjee associates,09874053359

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It is a very good question but due to shortage of it is not possible for to answer so please call me i will definitely answer your question.

Answered on 6/23/10, 10:00 am

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