FAMILY LAW CHILD SUTODY RELATED APPLICATIONS UNDER SECTION 100 OF CrPC
In section 100 of Criminal Procedure Court it is mention that:-
Search for persons wrongfully confined- 100. If any 1[Metropolitan Magistrate], Magistrate of the first class or 2[or an Executive Magistrate] has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search- warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.
Section 100 is a provision that is regularly relied upon by advocates in Bangladesh in child custody related dispute. If a parent is unable to see his or her child and is not informed about the where about of the child and has knowledge or strong reason to believe that the child is confined in a certain address by the other parent of the child; in that case an application under 100 of CrPC 1898 can be filed before the executive magistrate having jurisdiction over the place where the child is believed to have been confined. Upon receiving such an application the leaned executive magistrate can either issue summons or issue a production warrant against the person who have allegedly confined the child. Once the child is produced before the learned court, the learned court shall hear both the parties examine the wellbeing of the child and dispose of the application by ordering the custody of the child for the time being before the child custody matter is decided finally by the competent family court. In case a suit for child custody has already been filed in the relevant family court before the filling of an application of section 100 of CrPC 1898, the application under section 100 shall be dismissed.
Author
Barrister Md. Sanwar Hossain
Advocate
Supreme Court of Bangladesh
sanwar@shossainandassociates.com
Dhaka, Bangladesh
S Hossain and Associates
