Advocate Syed Ramiz Zafar

Questions Answered by Advocate Syed Ramiz Zafar (25+ answers)

Q: Can a spouse take a child without permission in India, If mother has taken away the child from the f

Our marriage is 11 years old with a daughter aged 9 and a son aged 6. My wife filed an FIR under section 498A and, with police assistance, took all her belongings and our children. She wrote and signed a document stating she was taking her belongings and the children without any police signatures. Can I take my children secretly while they are playing in the park? I've read that without a court custody order, either parent can take the children as both have equal legal rights. I'm not planning to take them out of India. Since neither of us has filed for custody and the court is on vacation, I plan to pick up my children and inform my wife and the local police station where she resides that I am doing so. As the matter is not in court, it shouldn't be illegal. Will it be illegal for me to take my child? And if I take them, will I lose the custody case?

Advocate Syed Ramiz Zafar answered
Hello,
I have gone through your query regarding child custody. As per your situation, I would like to inform you that the father is considered the natural guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956. Since your children are still minors, it is your legal obligation as their father to fulfill their financial needs.
If your wife has illegally taken the minor children away, instead of attempting to retrieve them forcibly (e.g., from a park), you should file a writ petition of Habeas Corpus in the High Court. This legal route allows you to request the court to direct your wife to produce the children and decide custody legally. You may also inform the court about any pending 498A case filed by your wife, which is relevant background.
However, do note that the will of the children is also an important factor, especially if they are mature enough to express a preference. Courts often consider with whom the children wish to reside.
Lastly, while customary and statutory law recognizes the father as the natural guardian, this presumption generally holds when both parents live together and share responsibilities. When the parents are separated or in conflict, the matter becomes more complex. As per Section 13 of the Hindu Minority and Guardianship Act, the paramount consideration for the court is always the welfare of the child, regardless of who the natural guardian is.
Thank you. I hope this answers your query.
 
 

Q: laws against posting pictures without consent India

Last week, a girl cheated on me and ended our relationship. When I messaged her asking for an explanation, she called the police and accused me of calling, messaging, stalking, and threatening her. The police warned me not to contact her again but did not file an FIR. Now, I want to upload our photos on Facebook. The photos are not obscene, but I want to know if posting them would violate any laws. Please advise.

Advocate Syed Ramiz Zafar answered
Hello,

You have narrowly avoided a serious legal issue that could have even led to your arrest. Laws protecting women have become stricter, and a simple complaint can result in legal action for eve-teasing, which is now a punishable offence.

Regarding your question about uploading pictures, doing so without consent—especially when the person has already complained to the police—can get you into legal trouble. You may be charged under:

1. Defamation Laws – For harming the woman's reputation.
2. Cyber Laws – For uploading images without permission.
3. Laws Protecting Women's Integrity – As sharing someone's pictures without their consent is considered a serious offence.

Q: Illegal termination Of The Service

After 9 years adhoc aya service in dav school bachara private school bachara my service terminated in lockdown April 20 what I do

Advocate Syed Ramiz Zafar answered
This termination is illegal you can approach the Hon’ble Court challenging the impugned order of terminationThe termination is bad when done unanimously and during the Covid-19 special guidelines have been issued regarding no termination etc so you can file a petition in court seeking the protection of the CourtFor more details plz contact for the same

Q: Hindu Married daughter's right in parental property ....

I am a hindu married daughter & want my share in my parental property on the basis of my service to my Father as a duty of son,after my brother's denial to do the same.

Advocate Syed Ramiz Zafar answered
You are entitled for the right in your fathers property after an amendment in the Hindu inheritance of property law from the year 2008 You can and will get your share in the property no one can deny the samePlease contact me for further details

Q: Illegal Termination Of Adhoc Aya service

After the death of my husband who was a teacher in dav school I work as adhoc aya service in dav jharkhand from 2011 but after 31 March 20 aro terminated my service can I go legal procedure

Advocate Syed Ramiz Zafar answered
Hello i have gone through your queryYou can file a writ petition in the High Court as they cannot terminate you illegallyA reasonable show cause is must and without that it is an illegal termination