Sir, for now you cannot get the custody of child , since he/ she is a new born baby and needs mother feeding and assistance..however you can have visitation rights granted by court.. 2) you can go for defamation , if police register it ...3) it is advisable to settle your matter amicably as after getting into legal , things will become more complicated
Defamation case, male harassment
Myself a researcher (doctorate) working at a Bhubaneswar had marriage socially to a state govt high school teacher in 2015. After marriage we stayed happily. But the problem came after delivery (30/05/17). During pregnancy, we decided to stay at Bhubaneswar by taking 6months of maternity leave w.e.f 16/04/17 to 15/9/17. After delivery both couple made their days with lots of happiness by caring their new life till 1month. Then after one day, my wife told me to go to her home to stay there, becz her infertile elder sister (Marriage was on 2010 but till date she doesn't have child) and mother wanted her and the child to come. When she told the sentences I couldn't even realize how could she say such sentence as because of that deed I shall be losing my affections, care and emotions to my first born child, so I straight cut deny the proposal by my wife. Then after she didn't want to stay a bit there which is 350km from her home in Odisha and she was unhappy with me. So, I realize the situation and decided to send her to her home. On 8/07/17, I took both my family to my home and planned to send her on 9/07/17 to in-laws house. On 8July night, we had a serious quarrel at home because of her such decision to stay apart from me. Due to that she didn't take dinner and in consequence she lost her sense on 9 July of the morning. We took her nearby hospital for treatment and within 2-3hrs at hospital she overcomes from the situation. In such bad situation I called all her near and dear from in-laws house. Mother and father in-law came off with elder daughter and planned to take her to home and in consequence I and my parents too agreed to send her. On that day i returned back to working place. Than from the first day I was calling them by several calls to get news about my new born child, but they never responded my calls. For that reason I send my parents to in-laws house to get the news about my child. After reaching there, my parents got several complaints and allegation on me. The allegations are 1) Your son has bitten our daughter 2) Your son has fooled us by saying that I am MBBS doctor and got married After listing everything over phone from parents I decided to meet them in in-laws house on Sunday and did too. On that day they were very aggressive by alleging above matters which I videoed through mobile. The worst was when my wife beaten me in front of all members in that meeting and didn't allow to see my child & even to my mother & also said I will never stay with u, in addition Mother-in-law scolded in bad language. These all situations r recorded (16/07/17). I have eye witness that I never fooled through my profession & also never physically harassed my wife. From that day I am out of reach from my child,so how to proceed by laws to get in touch with my baby. It is known that I wouldn't be custodian right now. Wanted to give defamation case against in-laws & their elder daughter who are the culprit for above situation. Kindly help me.
Asked 8 years ago in Family Law
Religion: Hindu
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11 Answers
Dear Querist
If they used filthy language against you in front of public then you may file a civil suit for defamation and also file a criminal case against them for defamation under section 499 of IPC.
For child, you may file a child custody case against her before family court of area where the child is residing along with an interim application for visitation rights. You will get visitation rights on first hearing after she came to court.
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1. A defamation case can be filed by you against your wife and in-laws as you were defamed in front of your parents. Defamation carries both civil and criminal law consequences. You can file a suit for damages on account of defamation and also launch her criminal prosecution.
2. A petition for child custody is required to be filed by you against your wife to get access to your child. Since the child is tender aged and presently in the custody of his mother it is most unlikely that he will be given in custody to you, but you will get visitation rights.
1) you should file application seeking joint custody of your child
2) also file petition for RCR
3) you can file defamation case under section 500 of IPC if your in laws , sister in law have maligned your reputation
you can file a case before the district court under guardian and wards act for custody of your child. you can adduce video recording to prove that you have been deliberately taking away from your child. wife can claim custody but only when she has reasonable cause like father is careless, has no means to livelihood, cruel, reluctant to take care etc.
if above facts are not present then you can claim custody of child and you will get it. after the marriage husband is the natural guarding of his wife and wife cannot claim that she wish to live with her parents.
your wife has no right to keep your child away from you because of matrimonial acrimony. you are the guardian of your wife and child, however mother is natural guardian. you can take permanent custody of your child under G&W Act, when you file petition the court will examine allegation if alleged by your wife then court shall decide that whether it is in the welfare of the child to keep away from father. if your wife could not prove your guilt or your conduct which is harmful for child and court finds that father is entitled to take custody then court shall pass order in your favour alongwith restitution of conjugal rights. Family court has jurisdiction under section 7 to decide this issue.
In my opinion there wont be any defamation case maintainable in this situation.
You may prefer a criminal complaint with the local police for their assault. threats, abuses and intimidation.
Also you can file a child custody case and ask for visitation rights as an interim relief till the disposal of the main petition.
No doubt you may not get custody of child till it turns 5 years, but this move will rattle the show and ther may be some changes/movements from their side which may favor for creating an amicable situation/solution.
Thank you for your kind advise Kalaiselvan Sir, Another query; requesting for your kind suggestion. As it is almost one and half month I am unreachable to my child and even I didn't try due to the last incident, should this will be a lacuna from my side. Should I approach to local police for supervision visit to my in-laws house to see my child. Your suggestion will keep in in right track, so kindly help me.
Asked 8 years ago
On your last visit you were abused by your in laws and not permitted to see your child
2) in such a case obtaining court orders to visit your child would be the ideal solution
3) you can approach local police station if you so desire but they would not intervene and advise you to obtain court orders
There is nothing wrong in you not making any attempt to visit their house after having been insulted very badly in that incident when you visited their house last around one and half month before.
In fact she should have initiated any steps to reconcile the differences especially after that incident becasue it happened at her house.
If you anticipate more trouble and violent incidents that may harm your life or limbs, you may lodge a complaint with the police and seek protection dring your visit to their home for seeing your infant child.
in such case you should apply for joint custody of child
2) pending hearing and final disposal of your application seek visitation rights
1. Delay in filing child custody case reduces the chances of success as courts do not uproot a long arrangement.
2. Police has no authority of law to get you child custody. Your remedy is only before the guardian court.