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Minor Child custody to father and habeaus corpus


02-Jun-2026 (In Divorce Law)
My uncle has filed habeaus corpus in high court as the children had been separated by his mother in law and wife.The court had ordered to present the children but wife filed FIR on 498 section.On the day of hearing children have not been presented before the court,since court has dismissed to check in lower court.Also his inlaws recorded video of 5years child by threatening her saying that father has beaten her badly,to prove my uncle wrong.What should be done now
Answers (3)

Answer #1
756 votes
you have to prove that you have nt done anything bt putting case against him and also what the court has been ordered from court I needed dat also to deal wid the cases where they are staying and where the child wid she is Der wryt nw
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Advocate Dhanalakshmi U

Adv. Dhanalakshmi U

LawRato Bangalore / Bengaluru | 5+ Answers
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Answer #2
990 votes
your uncle can file G&WC in family or district court. if child is girl he could not get child custody. you want to support from me I will do. and very important to watch child age aslo. If you need help or legal advice moving forward, I can assist you. Could you tell me:What is the exact age of the child?Who has the physical custody of the child right now?What is the relationship with the biological parents (e.g., deceased, separated, or unfit)?
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Advocate Malatesh M M

Adv. Malatesh M M

LawRatoBangalore / Bengaluru | 5+ Answers
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Answer #3
765 votes
Engage a criminal lawyer immediately to defend against the FIR under Section 498A (cruelty by husband or his relatives) and to file for anticipatory bail to prevent arrest. File a contempt of court petition against the wife and in-laws for failing to produce the children as ordered by the High Court. Request an urgent interim custody hearing, emphasizing the children's welfare and providing evidence of the forced, coerced recording as proof of psychological harm.
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Advocate Dhruv. K

Adv. Dhruv. K

LawRatoBangalore / Bengaluru | 100+ Answers
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