If I take away my child without telling my wife then will it be a criminal case.
2 years ago
My wife has taken away the child with her father and soon my son's age will be 9 years I am not able to meet my son for the last 2.5 years. As i was living in a different state due to my service I filed a case in guardian and wards act and she applied for a transfer application in supreme court. application is pending in court and local court is also waiting to hear from the supreme court's order. and I tried to contact her several times but she didn't let me talk to my son. We tried every course of mediation but they are asking enormous money. I went to meet my son but she misbehaved created a scene.
Transfer application is pending in supreme court and i'm not getting any help from police also as they say go to family court and we can't help you in same case. My son is not keeping up well and he is depressed and she is busy in her own life. I know that the neighbors who told all the nuisance she is creating but they wont help in case police comes.
What if I take the son away from her ? what legal consequences will be faced by me. Can police register a Kidnapping case against a father ?
According to section 361 IPC, there is an exception for a father who believes that he is the rightful parent of a child. But, thereafter, we must follow the procedure provided by law. So, file a custody petition in the court of competent jurisdiction to avoid any issues in the future.
Thank you
A.Dear Sir,
If your wife is serious and lodge a complaint then police may register a kidnapping case against you. Better move an application before the same Court for interim custody of child on the ground of ill-ness of the child if there is no stay by the Supreme Court. If there is stay then file similar application before the Supreme Court.
If you take away your son without letting her know then she would go and lodge a missing person complaint with the local police and the police can make a case of kidnapping and abduction. The matter can get complicated when you inform the police that the son is with you. The police will ask you to bring him back. There might not be big criminal case against you and police can close the case when you return him back. But at the end your efforts will go in vain
Alternatively what you can do is file a writ petition in the High court for your son.
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