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Wife deserted husband and took children want to file for child custody


13-Feb-2023 (In Child Custody Law)
Respected Sir, 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 6 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. I am taking sleeping pills these days. Can I take away my children from her ?
Answers (3)

Answer #1
785 votes
U can file petition for taking the custody of his children in the court. If you will taking his children then she can file police complaint against you and or if the children says that we wants residing with u then it's good for u.
Answer #2
772 votes
You can take or bring your children with you at anytime no police complaint for kidnapping can be registered against you as there's no injunction order of the court preventing you to take away the children with you away from the mother. You're the biological father and natural guardian have complete right to Custody of your children. You wife will have to fight for their Custody if you bring them with you.
Answer #3
752 votes
Hello ..sorry to hear this..kindly don't exaggerate the situation further, try to ressolve it amicably..If you want to get the custody or visitation rights of your children you can appeal to the court.
Thank you.

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