How can I take my children's custody from wife


My wife has deserted me. But She is not living with his parents.She has rented a house in other city.My two children are also with her. I have met her several times during this period of 12 months. I tried my best to persuade her. But she refused to stay with me. Sir, now I want to know can I take away my children from her (by using any other mean). Can any police case be filed against me in this situation.? Can this be treated as a case of kidnapping me ?Sir, after all they are also my children. I have full right on my children, sir. No court order have so far been given regarding child custody.Sir please guide me. If I take away my children , section 97 search warrant can be issued against me. Can SDJM then hand over my children back to my wife. Can I place my objection against this section 97 search warrant. Can I file review petition against section 97 warrant.How should I defend this section 97 warrant. Please answer this question.

Answers (2)


327 votes

Your apprehension are very much correct. You can not and should not go for the option as are in your mind. You will not succeeded by filing Review expect of spending huge money and time.
I would suggest you to first file a petition for the restitution of conjugal right And then file a case for the custody of your children looking to their future, study and groweth in a good family environment


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298 votes

You are biological father and natural guardian of your children and no court order barring you to take your minor children with you exists so no question of any complaint of kidnaping against you to be registered by the Police. Yes your wife may to get the same by reporting it to police but you must maintain all precautions so that no adverse inference drawn against you by Police during investigation. The Court in such case do like the children produced in the court to inquire even from the children about their opinion with regard to custody. The children in most cases show willingness to live with both parents and the court too advise both parents for amicable solution to the issue of custody of the children as both parents have equal right on the children to keep and care. Hope you are providing regular maintenance for both children, if not start doing it now as such act will add to your case for getting custody or shared custody of your children. For detailed case discussion you can always contact me.

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