Cruel nature of mother towards 2 years old child
upasna
(Querist) 05 November 2011
This query is : Resolved
Respected lawyers,
i would like to ask for your valuable suggestion regarding any provision of indian Law where a case can be filed against a mother who tortures a 2 years old child and uses him/her to mentally harass her husband.Can the husband provide evidences in court to get the custody of the child??? The wife continuously and persistently beats the child mercilessly.
prabhakar singh
(Expert) 05 November 2011
IF SUCH IS THE CASE THEN LADY IS MENTALLY ILL
SHE NEEDS DOSES NOT OF LAW BUT OF MEDICINE,OTHER CONDITIONS EXAMINED, A GOOD HOMEOPATH CAN ALSO CURE HER.
upasna
(Querist) 05 November 2011
Dear Prabahkar sir,
I fully agree wth ur suggestions. I need some
legal remedy for her as well.So please need ur help.
Thanks and regards.
prabhakar singh
(Expert) 05 November 2011
you need legal remedy for her or against her??
upasna
(Querist) 05 November 2011
Against her..she has made the child;s life hell.he dsnt speak at all.nd is very weak.
Rajeev Kumar
(Expert) 05 November 2011
As per as the given details it is quite clear that the lady needed a psychological treatment. Where as the legal remedy sought the father of the baby can ask for the court to the custody of the child but he has to prove the cruelty of the child's mother.
prabhakar singh
(Expert) 05 November 2011
Although I do not practice criminal law so one may not find me very dependable in that area.Yet i am trying to conceive the remedy
against the mother for her abusive behavior against her own child which if proved may be punishable under provisions of IPC and the Juvenile Justice [Care and Protection
of Children] Act.
CAUSING HURT to any person is an offence under the Indian Penal Code, and is punishable with imprisonment which may extend to one year, or with fine which may extend to Rs. 1,000/-, or
with both.
Assaulting of a child by a person who is in charge of or control of that child is an offence under the Juvenile Justice [Care and Protection of Children] Act. The offender is liable to be punished
with imprisonment which may extend to six months, or with fine,or with both.
prabhakar singh
(Expert) 05 November 2011
So being the law custody of child should be sought only after lodging the FIR and charge sheet filed.
prabhakar singh
(Expert) 05 November 2011
Are you not satisfied with my answer????
upasna
(Querist) 05 November 2011
i am satisfied sir.Thanks a lot sir.
prabhakar singh
(Expert) 05 November 2011
But caution point is that i am not a criminal side lawyer and no body has come so far from that side to opine hence query must be kept open still for others to speak.
upasna
(Querist) 05 November 2011
yes sir,
I also think that some other experts should gv me a second opinion.
mahendrakumar
(Expert) 06 November 2011
the first and foremost priority must be to obtain the custody of the child first,so as to save from the cruelty of the sick/sadistic mother.
upasna
(Querist) 06 November 2011
absltly rite
Shonee Kapoor
(Expert) 06 November 2011
In whose custody is the child?
Are husband and wife staying together?
If not the remedy lies only in Guardian and Wards Act, where the court can ask for medical examination of the child for fitness and other parameters.
Regarding beating and all, it is a matter of fact and evidence just because of accusitions, the court won't decide this issue.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
