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Husband living separately with son and wife filed kidnapping case


13-Oct-2023 (In Child Custody Law)
Can a mother file a kidnapping police complaint against father . If the father left house with a minor son and started living seprately ..
Answers (2)

Answer #1
856 votes
You can file a case for the custody of the child. However you should only file a case for kidnapping if you can satisfy all the elements for kidnapping. 361. Kidnapping from lawful guardianship.—Whoever takes or entices any minor under 1[sixteen] years of age if a male, or under 2[eighteen] years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.
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Answer #2
882 votes
It is ur family matter and father also have a legal right of custody. If baby is under 5 year then he can't go without ur permission. If baby is not under 5 year then u can go for custody of child through guardianship act. Where nobody take or ur child without ur permission. It will b an offence. In both cases u can go in court for custody of child through guardianship. Act.
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