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manoj pawar   22 June 2021

TAKE MY MINOR SON BACK TO MY HOME

My wife took my son to her parental home to other city without my permission and minor child's consent before 5 months. My son age is 8 years. my son want to live with me. there is no police complaint and court case filed between me and wife. If I go to there house and bring my son back to my home, can they file any case against me? Please Suggest.


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 7 Replies

Dr J C Vashista (Advocate)     22 June 2021

You have already stated to have filed a case, what is this case about?

You can seek the relief of custody of the minor from the Guardian & Wards / District Judge where the boy is residing presently.

manoj pawar   22 June 2021

yet we didn't file any case

G.L.N. Prasad (Retired employee.)     22 June 2021

Visiting someone's house to look after the wellbeing of one's own son during a pandemic is not a criminal offense when there is no dispute pending against such visits legally.

Dr J C Vashista (Advocate)     22 June 2021

Did you attempt to bring your son with you ? It will solve your problem if you may bring him with you.

If you have not filed any case till now you may file a fresh case, if you want to seek legal relief.

 

P. Venu (Advocate)     23 June 2021

The posting suggests deeper issue. Please post complete facts.

T. Kalaiselvan, Advocate (Advocate)     24 June 2021

You may please be aware that you have equal rights on your minor son to that of your wife.

You can barge into their house, take your son back to your home, they cannot stop you nor the police will be able ton interfere in this matter because he has not been kidnapped, the father has taken the child with him, hence you can proceed with your proposed act of taking back your child by force when you wife is not cooperating  or not allowing you to visit your son at her parents home.

 

Sudhir Kumar, Advocate (Advocate)     27 June 2021

please come with full facts.  Such events do not happen out of air.

 


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