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Is it not totally a case of Cruelty of abduction by a mother

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Voting closed: October 25, 2017, 09:52:53 AM

Author Topic: Can a case be declared parental kidnapping / abduction by mother  (Read 1054 times)

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Offline manasnandi

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Can a case be declared parental kidnapping / abduction by mother
« on: September 25, 2017, 09:52:53 AM »
Can you through some light in the matter, as my wife filed a Complaint Under Section 498A/406/34 IPC on 29/4/17 but she was with us after that also. Finally on 8/9/17 morning she left my house & taken away our son with her to her parental house because of her erroneous attitude & wilfulness. My Son is of 12y 11m. With that all Educational & Cricket activities of my Son suddenly got stopped at this moment. My Son's final exams of school at November & his this yearís Noís of Cricket Tournaments are also scheduled from 10/10/2017, my Son already signed for all those.
I want my Son immediately should come back to his house to start his all those activities immediately.
But my local police ignoring the matter as Kidnapping/abduction!
Is it not totally a case of Cruelty!

1)   Whether the Petitioner proves that the Respondent has committed an act of Cruelty with the Petitioner?
2)   Whether the Petitioner proves that the Respondent has wilfully abandoned the Petitioner?
3)   Here the Petitioner is much more sound than Respondent in Financially, Educationally, In Governance & any other requirements to take better care of the minor Child. Whereas the Respondent is having not earning, have to live in the mercy of maternal brothers as, far lesser merits of other essential requirements to take care of the minor Emergent Child.
4)   Most important & essential points of this case are the minor Child is most Emergent in Educational & Cricket Activities, where he can achieve his professional career in his endeavour, as he is progressing in present days.
5)   This case is very important in our civilization.
For example,_ if You & me both are the owner of the Chair you are sitting & I suddenly remove your chair with my wilfulness, you fall down & having no injuries.
Will it not be a case of Cruelty?
But here, neither Petitioner nor Respondent is the owner of the minor Child, they are suppose to be the best caretakers of the minor Child and the Child is progressing extremely well under the guidance of Petitioner father, as all his records proves but suddenly Respondent wilfully taken away the Child far from his all facilities to fulfil her demands & to have a separate accommodation even with me but strictly apart from my old age mother by her erroneous attitude & wilfulness.
(A recorded voice conversation is the proof of her intentions & demands).
Itís already 20 days passed the Child is out of all his Educational & Cricket activities and his immediate return is very urgent as his all Clubs & School Cricket tournaments registrations are already being started, some of them are in first week of October. He already signed & done his registration for Cricket tournaments Darpan, in that the first match already been scheduled on 10th October, 2017.
He got admitted to Navanalanda High School in 07th April, 2017 this year as he was being offered by Navanalanda to participate as main Wicked Keeper/Batsman of team Navanalanda. Need to mention that at present Cricket team Navanalanda is the champion of West Bengal School Cricket.
CAB Clubs & School Cricket Registration are starting on 09th October, 2017 and his final examination of School Navanalanda is in November, 2017.

Offline advjaibansal

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Re: Can a case be declared parental kidnapping / abduction by mother
« Reply #1 on: December 18, 2017, 10:00:02 PM »
Dear Sir,

Please file a custody petition under guardianship and wards act immediately along with interim custody order/s against the wife. In India there is no law for parental child abduction in such circumstances.

Jai Bansal, Advocate
Supreme Court of India, Delhi
jai bansal
Advocate, New Delhi
Supreme Court of India
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