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Nurjahan Begum (Account Specialist)     27 November 2014

Urgent assistance required to save my kids from my husband

           Hi my name is Nurjahan Begum. I have 2 kids, Three years ago my husband framed a case like that I have an affair with my ex-colleague. There are no FIR or CSR for that case just a written statement given by my ex-colleague and his family members. All those things were done by my husband friend who is in police department (sub inspector of police) help since he don’t want to live with me anymore. Past three years I’m living with my parents.

          After that he filed a child custody in the court and taken my kids with him and still the case is running. Both kids are with him only I don’t even get a visitation so far, meanwhile I have filed the dowry harassment case against him and his family members. We got a divorce as per the Muslim law (talak).

          Now my husband sending messages to my number like I want to withdraw the dowry harassment or case else he will kill the kids, I have pasted the message what I got from my husband.

          (I’m just warning u I’ll give u 1 month of time within this time u have to withdraw the dowry harassment case else I will kill our kids and u can’t see them in Ur life)

           And there are so many abusive messages which I’m not able to post it here. I’m so confused what should I do now, should I go to the police???

           How can I save my kids from him???

 

           Experts, please advise me on this issue as soon as possible.



Learning

 4 Replies

Prasad (Systems Engineer)     27 November 2014

Begum,

 

You have never mentioned anywhere that your husband demanded dowry from you.

 

Then why did you file false dowry case on him?

 

First, please withdraw the false case and then fight in court for Child visitation on merits.

 

Please do not abuse "dowry" law to threaten the life of your husband and your children.

 

Adv. Chandrasekhar (Advocate)     27 November 2014

Madam,

I feel so sorry about your plight.  Now, to solve your and your children problems, you should take the following steps:

1.  Save the SMS messages he sent to you on your mobile itself.  Keep the instrument (Mobile set) intact and do not give it to any one.  You may be aware that every mobile set has got certain capacity to keep the messages and older messages are automatically deleted.  So, ensure that the offending SMS messages shall be in tact in the mobile itself.  It is primary evidence.  It has got so much value to prove the case in the court.

2.  Copy the offending SMS on C.D.s of about 10 copies.  Because, whereever you are sending the complaint, you should also send the C.D.

3.  Tanscriptt the messages on a plaint full scape paper and get it typed.  It is because, wherever you send the complaint,  they do not see the C.D.  They presume the transcriptted message is correct till contrary proves.

4.  Now, file an application in child custody case, as the case is still pending, seeking the child custody immediately.  Along with this application, you should attach the above said C.D.  This application shall contain all the SMS message contents. 

5.  Send a complaint to the National Commission for Children Rights.  This complaint also must contain the transcriptt of SMS messages and C.D. copy.  seek their immediate indulgency to protect the children and give custody to you.  You send the complaint by fax and by email and also contact them on the phone.  I am giving their office details for your immediate action.

National Commission for Protection of Child Rights
5th Floor, Chanderlok Building,36 Janpath, New Delhi-110001


Phone:011-23478200

 

Fax:011-23724026


For Complaint:
www.ebaalnidan.nic.in

 6.  File Domestic Violence Act case before the Magistrate directly in the court and seek ex-party child custody under Section 21 of the Act.  Take good care to draft the complaint and it must contain SMS messages and also attach the C.D.

7.  Give police complaint along with C.D.

Once, your complaints reached to the above authorities, he will not do any harm to your children.  If you require any further assistance please e-mail:chandrasekhararaoo@gmail.com or call me on 9868332610.

Wish you will come out of this turmoil.

1 Like

Biswanath Roy (Advocate)     27 November 2014

As you are an ill fated lady seeking help from experts I AM ADVISING YOU AS FOLLOWS:-

I agree with the advice of Learned friend Chandra Sekharji over and above I advice you to hire a local expert in criminal laws and file an application for criminal intimidation u/s.503 IPC before Judicial Magistrate of your Jurisdiction.

T. Kalaiselvan, Advocate (Advocate)     30 November 2014

The expert advocates have advised very properly to the questions raised, I dont find anything more to add.


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