Remedy if Mother refusing Father to let daughters take back to UK

727 votes

Let me set the expectations right first, there is nothing like urgent court orders that one can get in India. If u r in a dispute with ur wife and she has retained ur daughters with her then u can complain to the local SDM to issue a search warrant saying that u apprehend that ur daughters are unlawfully detained by ur wife, though this dosent hold any legal ground but for the time being u can set the police machinery in motion and once u get ur daughters then just fly back to UK ASAP, u can also complain to the Child Welfare Committee asking them to force ur wife to bring ur minor daughters back to u. Again its not holding any legality but it can be done.

LawRato LawRato

700 votes

You can file an application before the family court in bhopal under gardian and Ward's act. Show urgency in a separate application for day to day hearings. You must plead strong reason in support of your application because Natural gardian is mother

Advocate Devashish Shastri LawRato

753 votes

According to s.7 g of family courts act 1984 a suit or proceeding in relation to the guardianship of the person or the custody of, or access
to, any minor only family court has got jurisdiction to try ,so you can move before family court having jurisdiction and pray for custody of both daughters ,you can also mention there that matter is urgent and file a separate petition in that case for early decision of the case ,if court finds that opposite party has appeared in that case then after hearing may allow that petition but if rejects or delays then you can move to Honorable High Court for early disposal of case.Pl. note- court can pass order after hearing the parties but if after proper notice the respondent intentionally does not appear then court can also pass appropriate order expartey.

Advocate Anil Kumar Thakur LawRato

557 votes

You can file case for the custody of your daughters before the court. But try to resolve the problem by reconciliation. Court shall also ask your daughters about their wishes and due regard shall be given to their wishes. Interest of your children shall be the paramount consideration in the case. You should file a writ before the High Court for speedy orders.

Advocate Pradeep Naik LawRato

776 votes

As per your question your children is having the U K citizenship. So your wife don't have right to keep your children in india because they are not indian citizens because indian acts only apply to indians only.

Advocate Rachana Singh Chouhan LawRato