BRajesh (MRKT) 04 November 2012
Tajobsindia (Senior Partner ) 04 November 2012
1. Nothing she can do legally except harassment
Reason being a parent cannot kidnap his own child !
2. To do so it takes lot of courage and that courage cometh the moment you say in your brief "your son likes staying with you being 5 years old"
3. Status quo will be maintained the moment the child is shifted and till Court decides the child now will not be disturbed after he is brought by you to your capacity.
Work / strategies around it for the welfare of the child.
Tajobsindia (Senior Partner ) 04 November 2012
* Duplicate posting removed
Reason Beta site error !
stanley (Freedom) 05 November 2012
Originally posted by : Tajobsindia | ||
Agreed
I agree partly but as the author of the post has said that a DV case is on everything would depend on the reliefs asked for in the Dv case . Say for instance his wife has asked for a relief u/s 21 of the act that is Temp custody of the child the very D.V act itself makes the husband toothless as the husband cannot ask for custody in a D.V case all he can get is vistitation as per the act.
Say for instance wife states husband may brain wash the child if kept with him , and protection office in DIr has mentioned wife has tendency to commit sucide ---- and husband retialates as wife is show causing a case of (Paranoid Personal Disorder ) and sucidical tendency ( although if's and buts are not tenable in the eyes of law ) In DV act can the custody be awarded to the Husband . I presume that the husband would have to apply under GWA for custody than taking into consideration the below welfare ami right
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Rahul Kapoor (Legal Enthusiast) 05 November 2012
better to bring back your son by court intervention.