Divorce and child custody
Sir, i am married in 2009 and have a boy of 4 years age.we are living apart from past 1 year.my husband is a son of political leader and with his power he took away my kid forcibly by attacking my house at night time by breaking the odors.I have given a complaint against this and the police have filed fir in 498(a), 448, 427, 363, 506 r/w 34 ipc but are not taking any action due to their political power.now how can I proceed in order to get my kid back and get divorce. He might not be willing to give divorce because he is a psycho.please tell me how can I proceed.
Asked 4 years ago in Family Law from Visakhapatnam, Andhra Pradesh
Hi, you can file a petition for divorce on the ground of cruelty or any other grounds and also sough for interim maintenance and also sought for custody of child and request the court to direct your husband to present the child before court and he has to present the child in the court and normally court will give custody to mother and not father and some times depends upon the facts of the case and don't forget no one is above law.
You can give a police complaint for forcefully taking the kid and for trespassing. Then file a petition for getting the custody of the kid and get that FIR into the custody case and file a DV case and residence permission if needed. Then file a case for divorce on the ground of mental cruelty trespassing etc.
1. To get your son back, file a Writ Petition against police inaction immediately also praying for handing over the custody of your child since you are his natural guardian upto his 5 years of age,,
2. Have you filed Divorce Suit or any other case against your husband?
3. If not, you can file DV case claiming maintenance and residential right.
you did not worry as case is already registered you may ask progress report of case through court. you also file case under DV act to get many remedies under the act.
Advocate, Greater Noida
If the police fails to act you can for a private complaint in the Magistrate court and the court will give direction to the police to act.
Regarding custody of your kid as he is below five years of age you can move a petition to the court seeking custody. In fact you can file for divorce and at the same time pray for custody of your child.
Rest assured no political powers can influence the court and justice.
You also have the option to move the High Court with a Habeas Corpus petition demanding the production of the child before the court.
Engage a local lawyer to help you in all these.
1. till the age of 5 years mother is the natural guardian of her child.
2. you can file a suit before district court for custody of your child.
3. file a criminal case against your father-in-law under section 363 (kidnapping). for this you need to lodge FIR, if it is not written by the police then send a copy of it to the S.P. of the district, if again no action is taken against the accused then proceed to the court under section 156(3).
4. if again no action is taken against the accused then proceed to the high Court in writ jurisdiction and write a letter to the mahila aayog.
5. In this case it is certain that high court will take coercive action against the accused.
6. don't afraid you must take custody of your child and fight against evil.
1. Since political clout is working over the police it will not perform its duty unless it gets dressing down from the High Court. Once the High Court pulls up the police and orders it to take the necessary action then alone the prosecution will proceed on the right track.
2. It is illegal on the part of your husband to take away the child forcibly. Move the High Court without any further delay to obtain the custody of your child who was unlawfully uprooted from you. No political clout works on a court of law much less the High Court. You may also seek maintenance for yourself and your child from your husband.
3. If he is not willing to go for mutual divorce then you may unilaterally file a petition for divorce on the ground of cruelty.