641+ Lawyers are online 
Can I file a case against my spouse for taking away my child
15-Jul-2023 (In Criminal Law)
What are the criminal charges (IPC Sections) that can be brought against a spouse who unlawfully captures a child and alienates the other parent from his/her child and uses it to settle his/her terms with the other. I believe that there is no straight law for this in India (many countries have such laws) and also aware of the family court proceedings that can be instituted. However I am seeking advice other than family court route, specially bringing about a criminal case and specially interested in types of petition in HC where in such a redressal be sought given extraordinary powers of HC
This is true that there is no straight law in india for spouse. But I need some more details like child's age, whether male or female, earlier any criminal record or any complaint lodged regarding the spouse or not? Then I can help you ???
Helpful?
22+
22+
Adv. Kuldeep Rai
Delhi | 25+ Answers
CONTACT NOW
High Courts has power to issue writ of Habeas Corpus and it can also handover custody of your child to you. But chances of success depends upon facts of your case. You can also file a criminal complaint case in the court of Chief Metropolitan Magistrate regarding offence of kidnapping committed by your spouse.
Helpful?
10+
10+
Adv. Pankaj Kumar
Delhi | 100+ Answers
CONTACT NOW
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 Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Criminal lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
