• Pocso issue

I am a step father and my daughter is 15yrs old. We are close to each other but my mother in law has created venom in my step daighter’s mind that she should not have physical intimacy with me. I disliked it. Sent her out of my house after the disturbance caused by her. Now she is threatening with her other two sons by taking away my daughter that they’ll never send her back to my house and also the girl is under their influence and going against me. My wife also has been threatened by the that she is forcing her daughter to sleep with me whereas it was my required to my daughter to be with me. Is it crime asking like that? Am I going to get affected? Should I lose my daughter forever to them? What should be my action plan now? Please suggest.
Asked 4 years ago in Family Law
Religion: Hindu

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11 Answers

You can file for guardianship of your daughter. But if your daughter goes against you, in that case, you'll be in trouble. It is advisable to take paid consultation in your matter.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

What do you exactly mean by physical intimacy and what are your requirements, to be precise?

The mother of the child being the natural guardian child has to decide whether she wants to keep the daughter with her or not as the child has not yet attained 18 years of age. Your mother in law and her son's would have no right to decide about the custody of your step daughter.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Hello,

You can file a case of custody and claim the custody of your daughter.

Also you can file a case against the mother in law for threatening you.

In my advise the dispute at this stage has to be resolved amicably by the family members and there is no point in approaching the court at this juncture.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Since mother is natural biological guardian she has to custody of the child though you can file for custody of the child before the court , further i am not clearly understanding what you are saying here about physical intimacy and the last three lines kindly explain them.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

hello

she is your stepdaughter and if your MiL is trying to create differences between you and your wife by alleging false charges against you, you should not entertain them and ask your wife to talk to your stepdaughter about it. also, if things are getting out of hand then you should shift your daughter someplace else or they may file cases against you and it would be very difficult to get out of them.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Your daughter is15 years old and can take her own decisions

2) if daughter does not want to stay with you under the influence of your MIL don’t force her to stay with you

3) since she is your step daughter and not biological daughter you cannot claim any rights that daughter stay with you

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Statutory rape is the criminal act of unlawful sexual intercourse with a minor.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1) They prove that you're physically and sexual harassing to your step daughter then you will be punished as per POSCO act.

2) If you can prove that what all they are saying are all false allegations and what you were asking as your daughter's love and affection than you will be saved make you wife witness here.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

If you can prove that your gesture is fatherly in nature then no issues but if you cannot prove and your wife and daughter gives statement that you tried to sexually harass your daughter then nothing can be done. Evidences and testimony matters.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Your wife should file case, she has absolute right of her custody.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You cannot claim any right over your step daughter.

Moreover since her biological mother is agaisnt you for your intimacy with your step daughter, you may better try to avoid being together with the daughter.

The daughter's mind also has been poisoned now, so she may be instructed to give evidence against you in a compliant given under the POCSO act.

This act is very powerful and the may be dangerous to you becasue if they misuse this law for avenging you, then you will have very less chance to get relieved from this once a FIR is registered.

you are a better judge of yourself, hence take wise decisions at right time.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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