Custody of my child taken illegally from my husband who has remarried. Custody of my child taken illegally from my husband who has remarried.

2 years ago

i got divorced, and child custody is with ex husband , bot when he got second mary , i took my child back and keeping with me illegally , now need to know prons and causes would be if i kept my child illeggaly , now my son doensnt wnt to at his father place , My Ex has not given any alimont nor giving any amount for child maintenance.

Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Hello
Aap ko aap ka husband child ka koi maintenance nhi de sakta hai. Kyon ki child aap ke husband ke pass hai. Aap apne liye maintenance ke liye case file kar sakte hai.
Sabse achha tarika hai ki aap child ki custody ke liye court me case file kare. Proper tarike se parapt kare.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
If the father has custody of the kid, he is not responsible for paying child support to you. For illegally holding the child, you can be prosecuted under section 361 for kidnapping from lawful guardianship, and under section 367 for kidnapping inflicting severe harm if minor harm is flung at the child.It's best to either return the child to his or her legal guardianship or file a lawsuit challenging the child's custody.
Thank you very much.
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Anik

Responded 2 years ago

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A.Hi,
If the custody of the child is with the father then he is not liable to pay maintenance for the child to you. For illegally keeping the child you can be charged under section 361 for kidnapping from lawful guardianship and even if some minor hurt is hurled at the child then under section 367 for kidnapping causing grievous hurt. It is advisable to either return the child to lawful custody or initiate a suit contesting the custody of the child.
Thank you.
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Madam,
If issue of child custody was not decided by the court or not an subject matter of your divorce then there will be
no harm for you to keep the child with you. You may file permanent child custody case and also claim maintenance for child.
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