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FATHER CAN'T BE BOOKED FOR KIDNAPPING FOR TAKING HIS CHILD FROM MOTHER'S CUSTODY

'Nagpur Bench of Bombay High Court comprising of Justice Vinay Joshi and Justice Valmiki S. A. Menezes quashed a case registered against the husband (petitioner) under section 363 of IPC for allegedly taking away his 3 years old son from the custody of wife.'

'Nagpur Bench of Bombay High Court comprising of Justice Vinay Joshi and Justice Valmiki S. A. Menezes quashed a case registered against the husband (petitioner) under section 363 of IPC for allegedly taking away his 3 years old son from the custody of wife.' The court has refered to the proviso to the Hindu minority and guardianship act 1956 which defines the 'Natural Guardian' of the child. The court noted that the husband (petitioner) is a natural guardian and he is a lawful guardian too. Booked on the aforesaid fact, the High Court quash the first the information report holding that the continuation of such prosecution would amount to abuse of process of law.

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