Kidnapping kid in Divorce Case

924 votes

Dear querist,

I am sorry to inform you that any kind of clause in such cases. There is no section as such. Ultimately, if its a divorce petition by mutual consent even then, the custody is governed under Hindu minority and guardianship Act. Custody of child can be claimed unless it is nig objected by the other party before the court by submitting a separate application or including a prayer in the petition itself. To put forward, the parties themselves cant decide as to what will amount to an offense or not, it is subject to the what all act is defined as a offense under the meaning of section 40 of IPC.

Advocate Yuganshu Sharma LawRato

594 votes

there is no such sections in Domestic violence Act 2005 or in divorce matters through which we sought relief regarding husband tried to kidnap the child, A simple application on this can be placed in the court which can be heard or not depends on the discretion of the court.

Advocate Hemant Shukla LawRato

843 votes

hello client as i can read your query its very simple things tht civil and criminal case can not be mixed with each each other they cab run parallelly with each other in different courts but son taken away by the either if the parents can be deemed as kidnapping by the either if the parents . secondly you are saying tht puttingba clause in divorce case about kidnapping if father tires to take the child not possible in divirce case custody question can be defined who will have the custody if mutual divorce is happening if contested divorce case is ther then there have decission of court tht who will have custody of the child in case of child custody .
both the things can not gets mixed. its absolitely wrong.

Advocate Vishwanath Pratap Singh LawRato