Legal Question in Family Law in India
My sister has run away from her husband's house without informing him or his family members. He was away at office. She has come to her parents' house i.e. with us with her infant daughter who used to go to school. Now, her husband wants to take the child back because he wants to continue her education. He is located at another city. Can he come and seek the child's possession? My sister firmly says she is no longer interested in continuing the marriage. Under these circumstances, if her husband comes and wants to take the3 child away, is he entitled to do so? My lawyer advised me that he cannot be stopped as being a father he is a natural guardian of the child and only in his absence does the mother have the right to the possession and custody of the child? My question is if the husband can be stopped from taking the child away and if yes, how and under what legal provision? Shall we have to seek the child's custody through court if he takes the kid away or he can be stopped from taking her away without doing so? please advise urgently. the matter is imminent.
2 Answers from Attorneys
legally, he cannot snatch the child away from mother. he is supposed to approach the court and file a petition for custody and meeting rights.
If he takes away the child away forcibly, no criminal complaint of abduction may be maintainable. Therefore, it is better that the mother obtains custody of the child from court and seek an injunction against her husband.
It may be better if efforts are made for amicable out of court settlement.
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