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Husband took my 8 month baby without my consent and denying to return
29-Jan-2025 (In Divorce Law)
Hi
my husband and I had been having disputes and he also argued with my parents a lot. He took my baby away from me without my consent and now he is threathening me to sue me and my parents with fake allegations and he also denied giving back my baby. We had takes a lot of loans and he is also not ready to pay any emis rather compelling me to arrange money from anywhere to bring our gold that we mortgaged last year.
He has physically harassed me and now he is mentally toturing by calling me
Well, being a Mother of a minor child or toddler, you have got the first right on your toddler or child until he/she does not become of Major Age in India. You can file a case in the concerned Family Court to get your child back from his custody
Helpful?
Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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I understand your situation is very distressing, and I am here to guide you. Based on the facts you’ve shared, you have several legal remedies available:
Child Custody: Taking your child away without your consent amounts to illegal custody. You can file a petition under the Guardian and Wards Act in the family court to seek custody of your child. The court will prioritize the welfare of the child while deciding custody.
Domestic Violence Complaint: The physical harassment and mental torture you are experiencing fall under the Protection of Women from Domestic Violence Act, 2005. You can file a complaint with the police or a Magistrate seeking protection orders, custody of the child, and maintenance.
False Allegations: If your husband threatens you with false cases, document these threats (e.g., call recordings or messages). You can bring this to the court's attention as evidence of harassment.
Financial Abuse: His refusal to pay EMIs and compelling you to arrange money is financial abuse. This can be included in your domestic violence complaint.
Take immediate legal action to protect yourself and your
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Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
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Dear client based on your question,
If your husband has taken your child without your consent, you can file a child custody petition in family court , for knowing the further legal procedures do contact us we would provide you with proper legal guidance.
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Adv. Anish Palkar
Mumbai | 200+ Answers
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Dear client based on your query you should take an immediate action based on your situation, which needs a detailed analysis of all the circumstances for bringing a better outcome. Under criminal law we can proceed with the necessary procedure, also to ease the matter we can help you regard the process and in legal ways for which you can connect with us.
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Adv. Kalpana Sanap
Pune | 200+ Answers
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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.
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