Child custody of 2.5 year old to father
My inlaws after attacking on my family assaulted me and my parents and took my wife with them. My child was left with me. I called on police helpline and booked them under 323/324/452 of IPC. But police after taking bribe released them all on "Police Bail". Next day she filed a false complained u/s 323/342/498a/506 of ipc in Sonipat Haryana and got us arrested n had to spent 1 night in lock up. When she was in Police station police came to our house in night and forcibly without any court order snatched my son from my mother n sister n gave to my wife in PS. I want to tell that she was in PS. That day even SP was after our life. Apart from that to harass us further she filed another complaint in Delhi women cell which we managed to close after showing FIR of Sonipat. Then she filed CrPc 125 in Delhi to claim maintenance for her and the (abducted) child stating that I kicked them out of home and have neglected to maintain her. She also mentioned that "Police dwara mera bacha dilaya gaya". I filed Habeas Corpus in Haryana Hi court making all the police (SP, DSP,SHO,IO and other policemen and the wife and his father as party) and notice was served to them all. Hi Court in its intrim order said that "SHO will make sure that the wife produces the ABDUCTED child in the court". But on the date of hearing neither SHO nor the wife came with child. Only IO of our case came. Court asked for child and IO and PP were speechless. Then court gave date and asked the SHO to come in person to explain reason for non compliance of court order and at the same time to bring the ABDUCTED child.
Now my query is what remedy is for a Father in our country to get his 2.5 year old son back.
I have prayed to restore the baby back to me and at the same time prayed to register Criminal case on Police for Highhandedness, snatching of my child, for releasing Inlaws on Police bail in 452 which is non bailable, and contempt of court for arresting us, forgery in Police record.
Police did overwriting in the handwritten complaint of my wife to show that she took the child with her and the OVERWRITING can be seen by even illiterate person and the same was mentioned in the challan report.
Our lawyer in sonipat joined hands with the opposite party and was not willing to highlight the forgery and snatching of my child in district court so I have now changed the lawyer.
Please advise what relief I can expect from Hi court. Or do I have to move Supreme court.
Can I highlight the forgery in Lower court and can the Judge (CJM) take cognizance of forgery and snatching of my child.
Asked in Family Law from Sonipat, Haryana
In the FIR my wife has stated that "Kal se mera beta bhi UNHI logo ke pass hai" (since yesterday my child is with them). FIR went to SP, CIty Magistrate with the above phrase. But after snatching the child and while submitting the chargesheet police/wife changed the word "UNHI' to "HUMHI" (Them to us) in the handwritten complaint and typed the same in the report which anyone can see that this is overwriting.
She cheated the Delhi court as well. She changed the word in original FIR and submitted the same to gain benefit of Maintenance. I filed a complaint with DCP delhi against her and her parents and inlaws for doing forgery, cheating and extortion which is under inquiry. I gave example of recent forgery case of law minister in Delhi and DCP/ACP were convinced.
Help and guide me if she and police will be booked for forgery and CAN I GET MY 2.5 year old son back.
Also in Delhi crpc 125 petition she has stated that I kicked her our and the child and neglected to maintain her and they have no source of income and are dependent of her parents who are very poor. I have attached this as well in the Hicourt stating that Child's future is in danger with her as she has no source of Income.
I want to punish the police and her as well and want my son back. Guide me please. I am ready to fight till supreme court.
Asked 2 years ago
1. You are on right track. Just to put more pressure you may file writ petition in high court of the nature of Habeus Corpus writ.
2. Fight the case of 125 crpc on merit. Highlight her contradictions made in various cases.
3. The father has right of visitation of child till the child restored to him. Pursue the criminal case vigorously for child kidnapping.
If you are not satisfied with the current lawyer you should change him.
1) it is well settled law that person who does not come to court with clean hands is not entitled to any relief
2) if your wife in connivance with police have forged documents and court is convinced of the said action it Will definitely take actions against the culprits and direct inquiry into your allegations
3) as far as custody of minor child is concerned court can award joint custody of the child to both parents as per recent law commission report and on basis of family court order passed recently in Mumbai wherein both parents were awarded joint custody
4) in awarding custody welfare of child is paramount consideration
Besides giving a complaint with the higher police official about the atrocity of local police, due to their ineffectiveness you may file a private complaint under section 156(3) impleading the higher police official as respondent directing to investigate the excess of local police including manipulating the records favoring your wife side.
In 125 cr.p.c. case, she may state anything, you can challenge them during trial and can extract the truth while cross examining her.
Already filed Habeas COrpus. I want to punish the police but despite filing complaints to DGP IG CM Human Rights no action taken on Police so I approached lawyer but he was reluctant to highlight the issue in court so I changed him as well.
Asked 2 years ago
Yes now you can put a stiff fight through your new lawyer, what to do some lawyers are corrupt and greedy due to which their clients suffer miserably.
You may follow up the case properly.
1) you have taken correct decision to change your lawyer if you were dissatisfied with his services
2) you have already file writ petition in high court as mentioned earlier court will direct investigation into allegations made by you snd for lodging FIR against culprits
1. How do you know that police took bribe? If you have proof of bribery then you could have taken the neecessary steps to cancel their bail.
2. Police could not have taken the son from your mother and sister and given him to your wife unless there was a court order directing it to do so.
3. The only remedy left for you is to continue your case in the High Court and take it to a logical conclusion. If the child has been directed to be produced he will have to be produced.
4. You have stated that your lawyer in Sonipat joined hands with the opposite party. I am not in a position to countenance your claim. However, it is not comprehensible to me as to on what basis do you claim that forgery was committed. From what you have posted above, no forgery is made out.
5. You can expect the HC to give your child to you. If the HC doe snot rule in your favour you will have only one option i.e to move the Supreme Court.
You can file writ of mandamus in high court against police inaction. The HC will pass necessary direction for proper investigators.
1. Police can not snatch the child from you without Court order,
2. Mother being the natural guardian will get the custody of the Child of less than 5 years of age and you are not likely to get the custody of your 2.5 year old child which please note
3. File a W.P.before the High court for police inaction for releasing them and also for their highhandness,
4. Exepting praying for taking action against police atrocities, you do not have much to get from the said cases you want to file,
5. Contest the cased filoed by her fittingly.
File a W.P. before the local High ourt as advised in my earlier post against police inaction and atrocities.