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


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)


141 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.


Googling your legal issue online?

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

267 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.

Popular Child Custody Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
35 years Experience
Advocate Barkha Bhalla
Banjara Hills, Hyderabad
17 years Experience
301 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.

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 Questions


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



Related Articles