2+ Lawyers are online
this is regarding my two children custody issue
28-Aug-2026 (In Divorce Law)
i have two children aged 4 years and 1 year old .both my mother in law and husband abducted my children from me .i have seen a lawyer to deal the issue since april she got money and now she is not filing the case and she said she is not gonna deal with this and did not give a proper explanation .i am in the middle how can i take forward to get my children
Since both children are very young (4 years and 1 year), you can take immediate legal steps to seek their custody. Under Section 6 of the Hindu Minority and Guardianship Act, a child below 5 years ordinarily remains in the custody of the mother, subject always to the welfare of the children. If the children have been taken away from you without your consent, you may approach the appropriate court for interim custody and, depending on the facts, consider a habeas corpus petition. You should also make a complaint to the police if there has been unlawful removal or concealment of the children. Since the earlier advocate has received money but is not proceeding with the matter, collect all case papers, receipts and communications from that advocate and consult another advocate immediately. The exact remedy will depend on whether any custody order or other court proceedings are already pending.
Helpful?
Adv. Hemalatha Narayanan
Adv. Hemalatha Narayanan
Chennai | 100+ Answers
Chat
Don’t delay further. You can approach the District Legal Services Authority (DLSA) for legal assistance if you are unable to engage another advocate.
Since the children are only 4 years and 1 year old, you should immediately take appropriate legal steps for their custody and also seek interim custody, according to the circumstances that might warrant. A custody/guardianship proceeding can be initiated before the competent Family Court or the Court having jurisdiction based on your vicinity.
If the facts also constitute domestic violence, you may also seek appropriate relief under the Protection of Women from Domestic Violence Act, 2005. In particular, Section 21 empowers the Magistrate to grant temporary custody of the children to the aggrieved woman during the proceedings.
The fact that your earlier lawyer has not proceeded with the case should not prevent you from taking immediate action. You may obtain your papers from the earlier lawyer and approach another advocate or seek help from DLSA without further delay.
Helpful?
Adv. Ragul Sivanand
Adv. Ragul Sivanand
Nagercoil | 200+ Answers
Chat
You can take the following steps immediately. Since the children are only 4 years and 1 year old, the issue of their welfare and custody can be urgently placed before the appropriate Family Court/District Court. If your present advocate has received fees but is unwilling to proceed, ask for a clear written status of the case and obtain copies of all documents, receipts and pleadings. You are also free to engage another advocate. A fresh custody/guardianship petition and, where appropriate, an application for interim custody/visitation and immediate production of the children before the Court can be considered. Do not try to forcibly take the children back. Keep evidence showing that you are the mother, the children were in your care, and the circumstances in which they were taken away.
Helpful?
Adv. Elango D
Adv. Elango D
Kanyakumari | 5+ Answers
Chat
We can file a petition to get back the custody of the children and in between you also have visitation rights till the pendency of main application for custody of children. you have have every rights to see and have custody of the children
Helpful?
Adv. Rishi S
Adv. Rishi S
Chennai | 5+ Answers
Chat
Hello Sir/Mam,
Since this is a very sensitive issue it is better to consult another advocate and you have to immediately file a Guardian or Custody. For more details and clarifications please feel free to contact us. Thank you
Helpful?
Adv. Adhithyan C
Adv. Adhithyan C
Coimbatore | 100+ Answers
Chat
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
Divorce 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."
