Husband harassing and trying to take away my children unwillingly
06-Sep-2023 (In Family Law)
I was living with my husband. Now im not willing to living with him because he is harassing me evry night by drinking. Now im staying away from him. We have childern of age 9 and 13years, both are girls. My husband is trying to take my daughter every day at school but my both childern were not willing to go with him agaim they were 9 and 13 years still minors. We gave letter to school authority to not send them with him. I have a question like Can he take my childern with his parental right even though my childern dont want to go with him? We havent made case is court still, but take letter from him in police station like not to meet us and trouble us.
Hello madam you can file case under provision of guardians and words act. Since the children's are not ready to live withhis father you have every right to protect to take care of your childrens as a mother. Thank you
madam, as per personal law, after the attaining the age 5 of child including girl, the custody of child is goes to the father responsibility to look after their education and other responsibilities but if divorced that time it is consider as per court decision regarding custody and other things. so you may settle the matter by compromise with help of family members or well wishers or may go for divorce against him.
You please file one case before court by asking custody of the children if you are not living with him. Once you get the order from the court you can enforce through the help of the police. You can lodge complaint for temporary relief but through court order you can avoid him permanently.
Madam,
You can file a case under Guardian and Wards Act and there you can seek injunction against your husband from taking your children from your lawful custody. Mother (You) will be the law-full guardian to your children. You can proceed by filing case against him. Please Proceed.
You can file a case under Guardian and Wards Act and there you can seek injunction against your husband from taking your children from your lawful custody. Mother (You) will be the law-full guardian to your children. You can proceed by filing case against him. Please Proceed.
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