Habeus corpus
Querist :
Anonymous
(Querist) 08 February 2018
This query is : Resolved
My son was taken away by my husband 6.5 months ago, from my home when he played outside,
I filled a complaint last week with police they helped me to talk to him There are no court orders, Can I file a
habeus corpus, no child custody order or divorce case
Vijay Raj Mahajan
(Expert) 08 February 2018
No, file for child custody in the Family Court where the child is presently living under the Guardians and Wards Act. The interim application for meeting the child during pendency of main petition.
Querist :
Anonymous
(Querist) 08 February 2018
Sir he was taken outside india, what do I do? my lawyers are pushing me to file habeaus corpus
Ms.Usha Kapoor
(Expert) 09 February 2018
Yes!c tiling Habeas Corpus Writ will be useful against your husband in your State's Highcourt.
Vijay Raj Mahajan
(Expert) 09 February 2018
He's taken child outside India how Habeas Corpus will help to get the child back?
You have not disclosed the nationality of your husband, if he is a foreign citizen why he's going to respond to High Court or Supreme Court notice for writ filled against him by you? And how will you get him come to India and hand over the child to you in the court? If he's a foreign national he's not bound by the Indian law and legal system nor he can be expedited from the foreign country by Indian government.
The government of India is unable to get the Indian citizens expedited to India who are involved in serious criminal cases and you think your husband can be brought to India for civil matter concerning the child custody? He's the father of the child, natural guardian and has complete right to hold the physical custody of the minor child, take the child anywhere in the world. Even as Indian Citizen he'll avoid coming and responding to Indian court notice as much as he can for child custody issue.
It's easy said then done for lawyers you met till date, I'm a practical lawyer who talks sense not giving vague advises.
If you go and fight custody case in his country, the child custody will be given to both of you as 50-50 sharing basis and with condition not to take the child out of that country.
Querist :
Anonymous
(Querist) 11 February 2018
thank you sir, for your advice and detailed view. my husband is an indian citizen his parents are here, but my son is a canadian citizen, fiilng cases in his country is very expensive for me to hire a lawyer there. so I left with fighting here, they say file kidnapping case and habeus corpus and NBW and arrest warrant so that they can file LOC and Red corner notice and even dowry related cases to bring him back.
Vijay Raj Mahajan
(Expert) 11 February 2018
Father taking his son is no kidnapping, who advised you for filling complaint for kidnapping? LOC or red corner notice is opened only if there is criminal complaint where husband not responding to court summon/notice, not is all or every cases filled by wives against husbands, again wrong information and advice given to you by your advocate.
Querist :
Anonymous
(Querist) 11 February 2018
Thank you sir again, your suggestions are making more sense, I am tensed without my son, i do not know whom to listen they even telling me to file a Dowry complaint to rope his parents, am not sure.. what to do
Querist :
Anonymous
(Querist) 11 February 2018
Thanks you sir again, your suggestions are making more sense to me. I am tensed without my son. I do not know whom to listen, they even telling me to file a dowry complaint to rope his parents for the criminal case, am not sure what to do.
Vijay Raj Mahajan
(Expert) 11 February 2018
All these lawyers are money minded misguiding you. You require proper guidance and legal consultancy for resolve your problem. Mediation & conciliatory process can help you to achieve your goal. I'm associated with International Mediation & Conciliatory Network that help in the out of court settlement process and help people throughout the world to get relief.
Dr J C Vashista
(Expert) 11 February 2018
If you are seeking an obligation from experts FREE OF COST on this platform, you will have to disclose your identity as per rules. No reply for anonymous author.
Otherwise consult a local lawyer.
