Can a parent secretly take away his children in case wife took them?
01-Oct-2023 (In Family Law)
Our marriage is 11 year old having daughter 9 years old and a son 6 years old.My wife lodged FIR u/s 498A and with help of police took all her belongings and both the children with her. She wrote and signed in a paper that she is taking her belongings and both the children with her. No police people signed in it. Can I take my children secretly while they are playing in the park.I have read that until and unless there is a court order for custody any parent can 'kidnapp' the kids as it would not be a criminal offence since both parents have equal legal rights before courts order and I m not taking them out of India....we both haven't filed for custody as court is in vacation.. I am planning to lift my kids and give an application to my wife and the local police station of where she is residing that I m taking my kids..as the matter isnt in court its not an offence.My question is whether it will b illegal to lift my child? And if I take them shall I loose the custody case
DEAR SIR
LIFTING CHILDREN WITHOUT PERMISSION OF MOTHER MAY AMOUNT TO KIDNAPPING AND THE SAME MAY ENGAGE YOU IN UNNECESSARY CRIMINAL CASES AND U R RIGHT THAT FATHER HAVING EQUAL RIGHTS ON CHILDREN BUT I SUGGEST YOU NOT TO DO THIS AND IF YOU WANT TO ACT LIKE THIS THEN SOME LEGAL PREPRATION IS REQUIRED
LIFTING CHILDREN WITHOUT PERMISSION OF MOTHER MAY AMOUNT TO KIDNAPPING AND THE SAME MAY ENGAGE YOU IN UNNECESSARY CRIMINAL CASES AND U R RIGHT THAT FATHER HAVING EQUAL RIGHTS ON CHILDREN BUT I SUGGEST YOU NOT TO DO THIS AND IF YOU WANT TO ACT LIKE THIS THEN SOME LEGAL PREPRATION IS REQUIRED
Helpful?
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Hello,
I have gone through your query regarding your child custody and as per your query would like to inform you that
father who is the natural guardian as per Section 6 of the Hindu Minority and Guardianship Act and as in your case the children are still minor and their financial needs should be fulfiled by you as father since in your case your wife has illegally taken your minor children away with her you can filed a Writ of Habeas Corpus in the High Court and pray for handing over the children rather than abducting them from any park or so and by filing Habeas Corpus you can also point out to the court that your wife has also lodged a 498 case in local police station
Lastly the will of your children is supreme the court will always ask the children that with whom they want to stay and not stay
Lastly I would like to say that as per the customary law and statutory law, the father is the natural guardian of the minor, In the normal course of events, this proposition certainly is a sound proposition and in fact when the father and mother are together and there is no conflict of interest as between them and more often than with the father being the supporting parent of the child and the family, the father inevitably is the natural guardian and the mother thereafter. Custody also may follow guardianship as a matter of course. It is only when the parents are not 'seeing eye to eye, when the parents are separated and there is conflict of interest between the two, the question assumes importance. Section 13 of the Hindu Minority and Guardianship Act, 1956 makes it very clear that the paramount consideration in appointing any person as a guardian of a Hindu minor by the Court, is the welfare of the minor.
Thank you hope the question is answered
I have gone through your query regarding your child custody and as per your query would like to inform you that
father who is the natural guardian as per Section 6 of the Hindu Minority and Guardianship Act and as in your case the children are still minor and their financial needs should be fulfiled by you as father since in your case your wife has illegally taken your minor children away with her you can filed a Writ of Habeas Corpus in the High Court and pray for handing over the children rather than abducting them from any park or so and by filing Habeas Corpus you can also point out to the court that your wife has also lodged a 498 case in local police station
Lastly the will of your children is supreme the court will always ask the children that with whom they want to stay and not stay
Lastly I would like to say that as per the customary law and statutory law, the father is the natural guardian of the minor, In the normal course of events, this proposition certainly is a sound proposition and in fact when the father and mother are together and there is no conflict of interest as between them and more often than with the father being the supporting parent of the child and the family, the father inevitably is the natural guardian and the mother thereafter. Custody also may follow guardianship as a matter of course. It is only when the parents are not 'seeing eye to eye, when the parents are separated and there is conflict of interest between the two, the question assumes importance. Section 13 of the Hindu Minority and Guardianship Act, 1956 makes it very clear that the paramount consideration in appointing any person as a guardian of a Hindu minor by the Court, is the welfare of the minor.
Thank you hope the question is answered
Helpful?
49+
Technically 'kidnapping' is illegal. Both parents have equal custody of the child. However, in cases of child below 7 years,, first custody is generally of the mother. It is advisable that you use your right of custody instead of alleged kidnapping. Further, move to the Court for custody if advisable after you excerise the right to custody.
Helpful?
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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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