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BRajesh (MRKT)     04 November 2012

What if i bring my son who is with mother

Hi, I am victom of 498A and DV for last one year.My son is with My wife.i used to visit and see my son unit soem time back.Now they stopped me to allow my son to meet me.My son is 5 old and he like be with me only always but i left with here by thinking that she may relaise here mistake and coem for mediation.but now she neither intrested for mediation nor allwoing my son to mee me.what happens if bring my son,can she file any other crminal case.will there be any chance to file another crimincal cases? thnaks


Learning

 4 Replies

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


1. Nothing she can do legally except harassment
Reason being a parent cannot kidnap his own child !

Agreed 



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.

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 



Work / strategies around it for the welfare of the child.

 

Rahul Kapoor (Legal Enthusiast)     05 November 2012

better to bring back your son by court intervention. 


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