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Karannetan (System administrator)     26 August 2012

Can i take my kids

 

Respected sir/madams,

 

If i post my comments it will become a big history. (lot of problems with my wife) I will explain it in short..

 

Got married @ 2004 and blessed with two kids (Boyes. with age of 5yrs 9mts & 4yers 3monts). Family problems went to the police stations. They also noticed that due to her and her family the obligations are going. They informed her and her family not to talk, not to go till 6monts. But within a month she went. now i don’t want to live with her. She is house wife. now pls help me for my children’s better future.

 

I don’t want anything just i want my kids ( i have informed her i will pay whatever she wants but she is not interested and she never wants to live the kids with me). now i am not even talking with my kids.

 

Can i take my kids some ware no one knows and live with them? (They love me a lot)

Is there any legal problems? Like kidnap...Is there any chances.

I met a HC lawyer for divorce then he advised that if i file, she can file lot of cases at me (total 5 cases). (i have evidences but it will use when case come to court. We don’t know when the case wil come to court it may takes years) Now i don’t want to go for divorce.

can anyone help me for my kids better future.



Learning

 4 Replies

Ranee....... (NA)     26 August 2012

why you did not allow her to talk to her family?will you remain without talking to your family if your wife demands so?

Karannetan (System administrator)     26 August 2012

Because they are misguiding her. That’s the reason the police said not to communicate.

Ranee....... (NA)     26 August 2012

if you were in her place would you obey police' instruction?

MRRpersonality (Knows very little about Indian laws)     27 August 2012

Hello queryist,

 

It is not wise to take your kids and run away to unknown place and live as you please.  You are the natural guardian and father, but the mother also has right to the children especially with the younger child who is 4 year old who needs to be with the physical custody of the mother unless she is proven to be incapable of taking care of the child for various reasons.   Emotions and crooked thoughts in the minds of the litigants can cause you severe problems like an Habeas Corpus Petition in the high court to produce the children (this is against the State, so the police are required to produce the children in the court).  

 

The correct thing to do for you, though is time consuming, is to approach the jurisdictional court and file under Section 7 GWA 1890 for declaration of the guardian and custody of the children.   You did not mention where the children are, and where the spouse is right now.   You have to let the children show their love towards you and also it should be established in the court that the welfare of the children is by staying with you.  

 

Some of the false criminal cases like 498A will cause arrest warrants, and you will be put to much hardship with the two kids.  I suggest apply only the legal methods as mentioned above. 

 

What is better for the kids future ?   A happy family with both the parents, good social life, and good schooling.   Try and see if counselling works for her either through the court or via social avenues.    If not then try for MCD and part ways with clear agreement on the kids.


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