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queshusband took away child- wife seeking divorce

my husband who was living with me in my parents home has taken away my 4 year old daughter while i was in Delhi for my exam of judiciary on 10th June 2013. Our relationship is not good and i came to my parents home because of that but he too accompanied me. My parents were helping him in every possible way. when he felt that i will not agree to be with him, he slowly planned and when I was away and my mother was alone,he took away the child. Kindly tell me the way out so that very first I can get my child's custody. I cannot live with this man anymore but i am worried about my child.

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    • ansYou can file a writ petition seeking a writ in the nature of habeas corpus from the High Court and gain immediate custody of your daughter. Since you are still his wife you may seek necessary protection for yourself and your daughter under the Domestic Violence Act.

      This way he will be restrained from interfering in your lives and from taking away your daughter ever again without acknowledgment. If marriage has been consummated then you can't seek annulment. It is possible only by way regular divorce u/s 13 of Hindu Marriage Act or mutual consent u/s 13 B, provided he is also willing to go on his way. Both the parties should have stayed separately for at least one year to move such a petition.

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