Oct 2015- I got married Nov 2016- Baby(Boy) born at our residence. March 2017- Dispute Startd & she moved to her in laws May 2018- we compromised for MCD Nov 2018- I got divorce. Agreement was signed that child will remain under the care and custody of mother and I shall never claim the custody of child. She will take care of child. We will not file cases against each other in future. Now after 6 months from divorce she sends photographs of my child to my relatives on whatsapp in which my child is in HAIR CUTTING. Me and my ex wife both belong to sikh religion. According to "SIKH REHAT MARYADA" every child has to keep hairs as it is from birth. He is not allowed to cut the hairs. My ex wife cut the hair of my child without any cause. It is against religion and also hurt my religious sentiments. Can i take action against her ?? If YES under which laws?? I have to approach police or Court???
This is blasphemous for which you can file civil suit seeking monetary damages.
If the child is under custody then you must now file a suit for his custody and f this fact is proved then there is every likelihood that you would get his custody back.
There is however no criminal case lying on this fact.
File application in family court seeking sole custody of your child
2) mention that wife has cut the son hair without your consent and contrary to religious customs of sikhs
3)!police would not intervene in domestic dispute
1. you can seek custody of your son on account of hair cut, which is against religious sentiments, without your consent,
2. no criminal complaint
You can file a petition seeking custody of a child as cutting a hair of a child belonging to Sikh religious is considered as sacrilege and hence you should plead that she unfit take care of the child and also had no consideration towards the religious sentiments of the religion was the child professes as she did so, without seeking your consent and thus, the custody should be given to you.
It is not a criminal offence. No complaint can be made to the police.
yes you can file a FIR in court of hurting the religious sentiments under section 295A IPC
Dear client
As your wife have to custody of child it her right to take decisions about the child care. And you cannot interfere with the decision about child life. As it is mentioned in the MCD that child custody will remain with your wife.
But you can file a complaint for hurting your religious centiments to police. But I don't think that it will benefit you.
You can approach court seeking custody of the child since she did not respect the religious sentiments and value by such an act hence ther is no faith in her that she will bring up the child in a well behaved manner and it may also be detrimental to the welfare of the child especially on the religious and other aspects if the child is allowed to remain in her custody.
This is the only case which you can file against her and not any criminal case, because by cutting the hairs of the child she has not done any criminal offence, she can defend herself very clearly on that aspect.
Better you appraoch court seeking custody of your child for the said reasons.
You have to file a petition for custody of your child in the proper dist court and mention that wife has cut the son hairs without your consent it is sin in your religion. So easily you can get the custody of child.
