Legal Question in Family Law in India

my wife filed section 97 against me and my mother as we brought my 4 yr old daughter along when we went to meet her. My wife has been staying separate from me for last 9 months at her parents' place. while we proposed to take the child out to lunch, my father-in-law launched physical assault on me by trying to strangle me and snatched away the child from me. finally, we did take the child away and she herself ssiad she wanted to come with us.
we challenged sec 97 in the h/c to quash it. and returned the child peacefully to the mother. she has also filed 125 crpc along with 97. can sec 97 not be quashed as it is against the real father? who is the natural legal guardian of the child, father or mother? if she wanted the child back, she could file the custody case under HMGA sec 6, isn't it?
if the h/c does not quash the sec97 in favor of our petition, what could be the probable implications?
pl advise soonest in specific. we are really tensed up.

Asked on 9/28/10, 5:02 am

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

0 users found helpful

0 attorneys agreed

in case the hc does not quash, you may face the trial.

Answered on 10/04/10, 11:17 am

Keywords

Match Any Match All

Country

State

Area of Law