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Taking child out of state without divorce


02-Jan-2023 (In Child Custody Law)
My husband provided me and my 4 year child seperate accommodation two years ago without going for a divorce after a series of domestic violence incidents. Violence stopped and Now my husband and her mother forcefully without consent take the child either to their home or out of state to their relatives whenever they want and disrupt the child’s schooling. Can I report this to the local police where he stays and atleast allow me to accompany the child when the father takes the child to his home. And stop outside the state visits which disrupt school. We tried mutual divorce twice with two lawyers but my husband won’t budge. Neither do I have money to fight a case or maintain lawyers. Religion : Hindu
Answers (1)

Answer #1
802 votes
As per a recent decission, if the child is forcefully removed from custody or its usual residence the custody can be reversed through court by filing a guardian and wards petition. police have infact nothing to about it. 4 year child needs the company of mother without any question. bt you have atpresent no other option but to file appropriate petition before the family court of you jurisdiction.
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