Need my son in my custody
4 years ago
Dear Sir/Mam, My wife took my 8 years old son who studying in 3rd standard in Bangalore. Almost 2 weeks he is not attend the school and I am worried about my children future. My wife don't want live in Bangalore and she creates finally she took my years old son and 4 years old daughter. My request you to all kindly support me how can I get my son back to me legally. Am worrying about son studies and his future. Please guide me and do the needful.
A.Dear Sir,
You may file child custody case as follows:
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Section 12 in The Guardians and Wards Act, 1890
12. Power to make interlocutory order for production of minor and interim protection of person and property.—
(1) The Court may direct that the person, if any, having the custody of the minor, shall produce him or cause him to be produced at such place and time and before such person as it appoints, and may make such order for the temporary custody and protection of the person or property of the minor as it thinks proper.
(2) If the minor is a female who ought not to be compelled to appear in public, the direction under sub-section (1) for her production shall require her to be produced in accordance with the customs and manners of the country.
Section 25 in The Guardians and Wards Act, 1890
25. Title of guardian to custody of ward.—
(1) If a ward leaves or is removed from the custody of a guardian of his person, the Court, if it is of opinion that it will be for the welfare of the ward to return to the custody of his guardian, may make an order for his return and for the purpose of enforcing the order may cause the ward to be arrested and to be delivered into the custo¬dy of the guardian.
(2) For the purpose of arresting the ward, the Court may exercise the power conferred on a Magistrate of the first class by section 100 of the Code of Criminal Procedure, 1882 (10 of 1882)1.
(3) The residence of a ward against the will of his guardian with a person who is not his guardian does not of itself terminate the guardianship.
Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.
You may file child custody case as follows:
================================================
Section 12 in The Guardians and Wards Act, 1890
12. Power to make interlocutory order for production of minor and interim protection of person and property.—
(1) The Court may direct that the person, if any, having the custody of the minor, shall produce him or cause him to be produced at such place and time and before such person as it appoints, and may make such order for the temporary custody and protection of the person or property of the minor as it thinks proper.
(2) If the minor is a female who ought not to be compelled to appear in public, the direction under sub-section (1) for her production shall require her to be produced in accordance with the customs and manners of the country.
Section 25 in The Guardians and Wards Act, 1890
25. Title of guardian to custody of ward.—
(1) If a ward leaves or is removed from the custody of a guardian of his person, the Court, if it is of opinion that it will be for the welfare of the ward to return to the custody of his guardian, may make an order for his return and for the purpose of enforcing the order may cause the ward to be arrested and to be delivered into the custo¬dy of the guardian.
(2) For the purpose of arresting the ward, the Court may exercise the power conferred on a Magistrate of the first class by section 100 of the Code of Criminal Procedure, 1882 (10 of 1882)1.
(3) The residence of a ward against the will of his guardian with a person who is not his guardian does not of itself terminate the guardianship.
Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.
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