• My brother-in-law wife refuses to accept her girl child

Hi, my brother in law has committed suicide one month back and his wife went to her parents place leaving her two girl child one is 3 year old and other is8 year old with their grandparents. Now she is not accepting her kids because they are girls not boys so she said what she will do to keep them along with her as they are girls. So what should we do. I want to punish her as kids being girls will not be safe now in her custody. But I want to set an example so that no one could do it again and leaving kids just becoz they are girls. What I can do? Plz help
Asked 7 years ago in Family Law
Religion: Hindu

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11 Answers

1. If behind the suicide of your BIL his wife had a role then your in laws can lodge complaint with police agaisnt her for abetment of suicide.

2.Since she ahs not accepted the children it is good of you that she cannot claim them back later on.

3.however for abandoning the children no criminal case can be filed against her .Only the children can be made aware of the misdeeds done by their mother.

Devajyoti Barman
Advocate, Kolkata
23491 Answers
529 Consultations

1)grand parents should apply for custody of their grand daughters as biological mother has deserted her 2 daughters

2) if mother is working seek maintenance for the 2 daughters

3) mother cannot shirk her responsibility towards her daughters

Ajay Sethi
Advocate, Mumbai
98265 Answers
7986 Consultations

1. To abandon one's children may be sinful but it is not an offence under any provision of law for the time being in force.

2. Since she has left the kids with her in-laws so let the grandparents of the children bring them up. The maximum which the grandparents can do is to file a case for maintenance against the mother of the kids for and on behalf of the kids. It is the duty of the mother to maintain the kids financially.

Ashish Davessar
Advocate, Jaipur
30830 Answers
975 Consultations

Section 317 in The Indian Penal Code

317. Exposure and abandonment of child under twelve years, by parent or person having care of it.—Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Advice- Lodge a FIR against this lady/mother.

Vibhanshu Srivastava
Advocate, Lucknow
9725 Answers
316 Consultations

Sorrry,for this no punishment can be meted out to her.

Bring up the children and give the love and affection of her parents which they must be missing terribly.

Devajyoti Barman
Advocate, Kolkata
23491 Answers
529 Consultations

1) girls can be given in adoption by the biological mother if she is unable to take care of her 2 daughters

2) number of child less couples who would be happy to take the child in adoption

Ajay Sethi
Advocate, Mumbai
98265 Answers
7986 Consultations

Report the matter to the police and ask them to register an FIR and take an action against the errant mother. If the Police Authorities do not act on your complaint and do not register an FIR, send this complaint to the SSP through a registered post and tell them that your FIR is not being lodged.

Vibhanshu Srivastava
Advocate, Lucknow
9725 Answers
316 Consultations

1. Lodge a police complaint against her for dangerously leaving her children without care and not accepting them.

2. If police refuses to take any action against her, then file a Writ Petition against police inaction before the High Court making her private party with a prayer to direct the lady to take custody of her own children even if they are girl child.

3. The High Court will adequately reprimand her and the incidence may be reported in press giving her enough public and social shame.

Krishna Kishore Ganguly
Advocate, Kolkata
27570 Answers
726 Consultations

1. Your logic is acceptable legally.

2. Lodge the police complaint and file the Writ petition before the High court as advised in my earlier post and in the High Court, your lawyer should forward the said argument seeking punishment for the mother of those girl children.

Krishna Kishore Ganguly
Advocate, Kolkata
27570 Answers
726 Consultations

1. We can advise you only within the periphery of law, which we have done.

2. If you want a law to punish parents who abandon their children then please write to or meet your Member of Parliament and prevail upon him to raise this issue in the Parliament.

Ashish Davessar
Advocate, Jaipur
30830 Answers
975 Consultations

You cannot do anything about it.

If you are not interested or not capable of taking care of them you may leave them in a orphanage.

You cannot punish any one, that is illegal and a crime.

T Kalaiselvan
Advocate, Vellore
88467 Answers
2396 Consultations

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