Radhakrishnan (BPO) 01 December 2010

kidnapping case

I have two daughters. My first daughter is doing UKG now and very brilliant and my second daugther is 10 months old. My wife already had filed a dowry complaint against me and later on she compromised and living with me. i forgive her becuase of my children.

Now again she started torchuring me. And also started planning my second daughter to give to her parents and a plan to go for work. I dont want my second child to give to them becuase they dont pay much attention to my daughter in all aspects of financial too...

If my wife executed to give my daughter to their parents.. would i file a kidnapping case against them?? what s the procedure and section act??

kindly reply.

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1 Replies

Saurabh..V (Law Consultant) 01 December 2010

@Radhakrishnan

Your case could not be registered under "Kidnapping" because as per Hon'ble Supreme Court of India's ruling, both the parents are equally eligible for the guardianship and father alone could not be considered as natural guardian.

Having said this, your is a case made out for custody of the child for her welfare. You can proceed to a family court by filing relief in the form of "restraint of trasportation of child" (if no divorce has happened yet) OR "legal custody of child" (in case divorce has happened), being awarded by the court to you. Once you receive such orders, your wife cannot handover your daughter to careless in-laws.

I hope my answer suffice your concern.

//peace

/Saurabh.V.