My 4-year-old child’s father refuses to let me have custody. What legal options do I have? Should I file a petition under Section 97 CrPC or seek recourse under the Guardians and Wards Act?

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Law Forum › Category: Child Custody › My 4-year-old child’s father refuses to let me have custody. What legal options do I have? Should I file a petition under Section 97 CrPC or seek recourse under the Guardians and Wards Act?
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Apni Law Staff asked 2 years ago

My 4-year-old child’s father refuses to let me have custody. What legal options do I have? Should I file a petition under Section 97 CrPC or seek recourse under the Guardians and Wards Act?

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Apni Law Staff answered 2 years ago

You should not file a petition under Section 97 CrPC as it deals with arrest warrants. For custody matters, you should file a petition under the Guardians and Wards Act, 1890, seeking custody of your child. A court will consider the child’s welfare and your parental rights.

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