Abduction of kid by father

sumanth (Querist) 14 October 2014 This query is : Resolved
Father abducts his 5yr old son after divorce and before the case is filed for custoday and takes him to UAE.Child had been with the mother previously. How to approach from mothers side to get the son back?. What are the cases that can be filed on the father?

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Guest (Expert) 14 October 2014
Dear Author, My Reply is not Legal Based. When a Father Loves his son so much and what is the problem with the wife to settle with him amicably irrespective of Divorce.

V R SHROFF (Expert) 14 October 2014
Dear Advocate Sumanth;

Petition under GWA be filed .in District/ Family Court to get custody.. .
It is basically Civil matter, as no court order for custody till date!!Father is natural guardian, hv custody right, till mother get order.
OK

Nadeem Qureshi (Expert) 14 October 2014
There is no criminal offence conduct by Husband but if there is any child custody order or the court passed any custody order to mother then only this is an offnec otherwise not. Husband being father is also natural Guardian and have all the rights as mother.

The Mother should filed a child custody case before Family Court where the mother is residing/child was ordinary residing along with an interim application of visitation right.

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sumanth (Querist) 14 October 2014
Dear experts, it was ex party divorce 6 months back, can the case be reopened and what are the chances of getting positive judgement on behalf of respondent(absentee) i.e.wife according hindu marriage act.

Rajendra K Goyal (Expert) 14 October 2014
Consult local lawyer and show him the case file.

Sudhir Kumar, Advocate Online

(Expert) 15 October 2014
"Dear experts, it was ex party divorce 6 months back, can the case be reopened and what are the chances of getting positive judgement on behalf of respondent(absentee) i.e.wife according hindu marriage act. "

This query can be solved by someone who see all papers and discussed the details of the circumstances. So I agree with Mr RK Goyal.

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