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My sister got married in the year 2006, conceiving pre-marriage after in a relationship for 9 years and was the victim of domestic violence. She committed suicide in the year 2011 mentioning her husband and his family members' name in the suicide note. We didn't take any legal action considering the kid will be parentless.When the kid was seven days old, since then I took care of him and he used to stay with us. He stayed in his own family for a very less time. In the note it was also mentioned that she wanted her son to be handed over to her father. So he was staying with us. Now, after 2 years, his father wants his son back and took him along without informing my father. Now we realize that they shouldn't have been spared so can I show the suicide note now and file a case against him and his family??? As that family is below standard than ours and I don't want him to imbibe his family traits. He is an intelligent kid and I don't want him to ruin his career. Being his aunt, can I claim for his custody????
Asked 2 years ago in Family Law from Kolkata, West Bengal
Religion: Hindu
1. Do you have in your possession the suicide note which your sister wrote before committing suicide in 2011? If yes, then you may file the case subject to offering a legally plausible justification as to why the case was not lodged by you for 3 years. Your brother-in-law and his family members whose names have been mentioned by your deceased sister in suicide note may be arrested. 

2. He could not have taken the child without a court order empowering him to do so. Immediately file a case for child custody. 

Needless to add, in depth consultation by you with your lawyer should as a matter of legal prudence precede the filing of both these cases so as not to leave any escape route for them.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
punishment for suicide is imprisonment for 10 years,so as far as limitation is concerned you have an option that case should have been with in ten years,you can definitely reopen the case by saying that you have recently a suicide note and once trials start then try for custody of child,because the paramount consideration before the court is welfare of child and is court feels ,child will have better future in your custody may give it to you
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
on your sister death you should have immediately lodged police complaint against your brother in law for abetment of suicide . based on suicide note he would have been hauled up and arrested . 
he would not have got custody of minor child . 

file police complaint under section 306 of IPC .with local police station
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
we cannot suggest reasons to be mentioned by you as to why no action was taken by you for period of 3 years if you were in possession of the suicide note . .in your custody case you can rely upon the  suicide note mentioning your sister last wishes that child should not be handed over to father
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
It is not possible for us to suggest you the reasons. Engage a lawyer, show him the suicide note (if in your possession) so that he can chalk out the strategy that will stand the scrutiny of court.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Dear Querist
there is two questions, first you want to file a criminal case against him? second you want custody of child?
if first, then my opinion is, to file a complaint before police or court and fight the case on merit.
if second then file a child custody case u/s 25 of Guardian & Wards Act before District court.
Feel Free to call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Hi, you can lodge police complaint based on the suicide note.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
there is no validity period of sucide ,you should be able to corroborate it with other relevant facts
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
in case a suicide note is left by the deceased it is your duty to bring it to notice of police so that the perpetrators who drove the deceased to suicide are punished . if you have failed to do for 3 years it would un necessarily arouse suspicion as to whether suicide note is genuine or not
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
There is no validity period, albeit the complaint should be filed at the earliest to obviate the possibility of the accused taking a legal defence of suicide note being fabricated.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
it differs from case to case ,no period can be given,
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
it is not possible for us to estimate time to be taken by court in passing orders for child custody .
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
It will be immature of any one to tell you how long it will take for the court to pass its order.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
There is no specific time frame to decide the case
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0

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