Subhomoy Das (Retail Manager) 10 May 2013
IF THE HUSBAND WANTS TO BRING HIS SON FROM HIS INLAWS HOUSE WHERE HIS WIFE IS STAYING THEN WIFE CAN FILE KIDNAPPING CHARGES OR ANY OTHER CHARGES AGAINST HER HUSBAND. OR IF THE WIFE FORCIBLY BRINGS HER SON FROM HIS HUSBAND HOUSE WITHOUT THE CONSENT OF THE HUSBAND THEN HUSBAND CAN FILE KIDNAPPING CHARGES AGAISNT THE WIFE. ? THE SON IS 3 YRS OLD. NO CASE HAVE BEEN FILED BY EITHER PARTIES YET.
PLS ADVICE.
Adv Archana Deshmukh (Practicing Advocate) 10 May 2013
A natural guardian cannot be charged with an offence of kidnapping of his/her own child.
Have a Heart Foundation (Sales & Mktng) 10 May 2013
Filing Kidnapping case is of no consequences.... you need to file Petition for Child Custody under Guardians and Wards Act in the jurisdiction where child is presently residing... Incase if you are keen to have your wife back.., you can also file Petition for Restitution of Conjugal Rights.
In matters whereby the Child's age is upto 5 yrs.. Custody is usually retained with the mother whereas father is given visitation rights in the interim and finally the case gets decided depending on Merits.
Filing for Child Custody is the only reliable option.
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