Want to challenge the order of sec 97 warrant and get child custody

These days, I am in a state of severe mental trauma. 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 guide me sir.

Answers (2)

292 votes

first of all sir, if your children are above 5 years of age then you do not have to worry. you can file petition under minority and guardian ship act in family court for custody of children. if your children are in your favor then you d not have to be afraid from police . how you know that a search warrant is issued against you? do not take away your children by using force otherwise you will be implicated in a police case.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

137 votes

1st of all tell me what do u want?sepration from ur wife?
And custody of ur children.u can't forcibly do anything.if u think that u have sufficient means to foster ur children in a best manner then u have to file a case of their custody.

Popular Child Custody Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
16 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Child Custody Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Articles

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Similar questions

I have married 5 years ago and I have a daughter of 3 years.. after some personal problem accidentally my wife was dead and my in laws puct a case on …

Read More

I have girl child. By widower but he have 2-child which live in with us till 27 feb 2017 he wants custody of my girl child they have also paternity te…

Read More

I'm a mother of five years boy. My husband had been very voilent in his conduct through past three years of our marriage. Initial verbal abuse was…

Read More

3 years back my first wife expired. We had a kid who is 2 years old. After the death of the wife the kid is staying with in laws and recently I did se…

Read More