Question: These days, I am in a state of severe mental trauma. My wife has deserted me but she is not living with her parents. She has rented a house in other city. My two children are also with her. I have met her several times during this period of 6 months. I tried my best to persuade her. But she refused to stay with me. Sir, now I want to know can I take away my children from her (by using any other means). Can any police case be filed against me in this situation? Can this be treated as a case of kidnapping me? Sir, after all they are also my children. I have full right on my children. No court order have so far been given regarding child custody. Sir please guide me. I am taking sleeping pills these days. Can I take away my children from her ?
-A traumatised man.
Mr Osama Sohail says:
Dear Traumatised Father,
We have gone through the details sent by you. We can comprehend the grief and pain you are going through.
At this stage we suggest that you have an option of filing a petition under Guardian and Wards Act, 1890. It will not be prudent for you to take away the child. Being a father, you have an inherent and inalienable right to see your children and enjoy their company. It is not only your right to see children but equally the right of the child to see you.
All the best,