I am having four elder sisters and one younger brother; my father expired when I was 15 years. We moved to my maternal grandparents place and my second elder sister got my father’s state government job and she is living at my father’s town. She married a lower caste boy without informing to my mother (Love marriage). After few months my mother came to know their marriage and accepted both of them. Both are coming regularly to my home and we lived without any caste feeling. She gave birth to a girl child in the year 2004. Because of girl child, both are refused to accept girl child and they left her with my mother and told to throw in dust bin. My mother and my two elder sisters were taken care of that kid (her name say mouni); me and my younger brother supported her financially and education wise. Her biological parents not showed any love and affection to that kid from childhood. I was married in the year 2011 and I have two female kids same like me my brother also married in the year 2012 and got two female kids. My family, my brother family and my elder two sister’s family living jointly in the same house. My mother expired in the year 2016. In the year 2019, suddenly mouni parents came to my home and requested to take their child. We told ok to take with them, but mouni refused to go along with them. Later we came to know that her father planning to get monitory benefit by selling her daughter in the name of marriage. We refused to hand over their daughter and even complained in the local child protection body. We planned to report about her parent’s torture in the local women’s police station, after reaching PS we came to know that already they complained on me as sexual harassment. In PS they enquired and checked my niece and submitted report as false allegation. Later they filed a Habea corpus case on me and my wife in the year 2019 and we went to court along with my niece and the case was dismissed on the same day after complete enquiry. This year 2021, again they filed a case as sexual harassment, caste, house property share and domestic slave against me and my wife. By seeing this, their motive is not to take girl child. They want to destroy my name and bring my family in the road. I am working in reputed government organization. Mouni father asked me money for his political Endeavour and asked a job in the government organization, both I refused because he is not having any basic qualification and no work also. My question is 1. How to tackle this case 2. I am ready to return their kid, but mouni refusing to go along with her biological parents. Whether court will order forcibly to send with her parents. ( mouni will complete 18 years in the next year August) 3. Is there any possibility for me to file a defame case on them No formal adoption taken
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Wait till Mouni complete 18 years age, After that take her help and on her name she can make complaint against them on all above reasons and trying to get money and harassing her.
If you could register first case against them with help of Mouni and you can also file defamation case additional against them.
Welfare of child is paramount consideration
2) court will not direct girl to be sent forcibly to her parents
3) in case once she is 18 years of age she is free to take her own decision where she wants to stay
4) you can file case of criminal defamation under section 506 of IPC against the parents
You are doing a great service to mankind. There is history of them of filing a false cases in High Court and police station. You can appraise of the same to your higher ups. Court can order you to hand over Mouni to her biological parents if they file a case in Court. But Court proceedings take time somehow drag the court proceedings till August 2022 by that time Mouni will be major and then she can decide with whom to stay. No court can force her it join her parents if she is not willing. If they file case for custody of Mouni serving of summons itself will take 2 months you can take another 4 months for filing objections/counter. Ask your Advocate that you need time till august 2022. Advocate will take care of that.
As HCP is dismissed and she is old enough to make intelligent preference she cannot be forced to go with them.
G.Rajaganapathy
High Court of Madras
1. You refused him and did not budge to his demands, you may maintain the same standard, if he is still troubling, you may challenge his false allegations on the basis of previous records which are against him on the similar charges.
2. You can present strong arguments against her father's claim for the custody of child. Let the court decide further course of legal action.
3. If you have been defamed by him, you can very well go ahead.
- You should lodge a compliant against him after narrating whole facts before the local police and higher officials
- Further, you can approach the court for the protection of said kid , however the biological parents are having right to claim the custody of the child legally.
- Further, when the kid will attain the major age , then court can grant her custody to you after taking her consent
Dear sir/ma'am,
This is shrewd mental harassment and defamation since they tried to put false allegations on your family. you can take action against it and file a defamation case against them. For this, you can send them a legal notice or go to the nearest police station and file a complaint against them. later a case can be put on them under section 405, 406, 420, fraud, misrepresentation, 499 defamation, etc.
since the girl is a minor, the parents can approach the court to get her custody. however, the court proceedings can be extended also the will of the girl will be considered since she is 16-17 years of age. such age is no more of a child and in cases of custody, the paramount importance is given to the welfare of the child apart from the law and these procedures take longer time to be solved and till then the girl will become a major and will have the right to choose her good/bad.
