Kidnapping

Father can not be charged for kidnapping of his kid.

Bare reading of se 361 will answer your query, It says taking or enticing an minor out of the keeping of its lawful guardian without consent, Father is considered as lawful guardin hence no cause of action arose.

If the child under the lawful coustody of the mother, if father eitherway taken the child he can be charged under the provisions of penal code. If mother is not the legal custodian of the child, the father cannot be! In a recent judgement mother also can be the legal gurdian of the minor. Wellfare of the chile is prim important

If the child under the lawful coustody of the mother, if father eitherway taken the child he can be charged under the provisions of penal code. If mother is not the legal custodian of the child, the father cannot be! In a recent judgement mother also can be the legal gurdian of the minor. Wellfare of the chile is prim important

Subhomoy  is this under visitation right?

If mother  has the lawful custody of the child then yes!...Father will be charged with kidnapping...

Regards

Chetan(dot)7679(at)gmail(dot)com

will it be same if father try to bring the son who is with mother after she filled the 498A as well DV case.there is nno child custody request from mother in DV case.