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 5 Replies

Sankaranarayanan (Advocate)     25 May 2021

legally speaking, The action of the husband is  wrong. how old the child?

Nirali Nayak   26 May 2021

In case you are living in a toxic and violent marriage and want to keep your kids away from such an atmosphere you can immediately approach the court for an emergency protective order which will give you the custody of the child and the protection to keep your spouse stay away from you. In case you don't make custody part of the protective order, you may be accused of kidnapping. 

The father cannot forcefully take away the child from you. While giving custody of a child many things are kept in mind. The parent’s mental, physical, and emotional ability to make legal decisions on behalf of the child. The relationship history between the child and the parent. If the parent has any history of abuse or neglect of duties towards the child. And most importantly the wishes of the child. The child has the right to choose with whom he/she wants to stay ( incase he is above 5 years of age). 

And finally the decision will be made keeping in mind the best interest of the child. And nothing can be forced. 

T. Kalaiselvan, Advocate (Advocate)     26 May 2021

The father can take away  his kids/children from his wife  without hr permission or consent, it is not n n illegal act.

The father of the children has equal rights over the children

If she wants to get back the custody of her children then the only legal recourse available to her is to file a case for child custody in the court.. 

P. Venu (Advocate)     26 May 2021

What are the facts? What is the context?

Dr J C Vashista (Advocate)     28 May 2021

Father can take the children with him even if his wife do not agree. She may ask for custody through appropriate Guardians & Wards court.


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