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)

349 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.

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56 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.

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