Child custody and sexual exploitation issue
Abhigyan Srivastava
(Querist) 26 June 2014
This query is : Resolved
Hi,
I am Abhigyan Srivastava.
I and my wife are staying separately for last 1 year. We have a daughter who is 3.8 months old now.
I have filed a RCR petition in Pune.
Her father owns a flat in same society where I stay and her parents used to stay in Pune in the same flat.
During Jan 2013-June 2013 she stayed at her father’s place in Pune following tiff between us.
She returned in mid June 2013 and in July she along with her parents shifted to Delhi with my daughter.
While she was staying in Pune, I used to go to her place and used to pick my daughter and after spending some time with my daughter, I used to drop her back.
In one such visit in Feb 2013 when I went to pick my daughter, I saw my father in law was touching my daughter inappropriately all over. When I asked him, he said my daughter had a itching so he was comforting her. I felt it fishy, but c’d not day much. Again in June 2013, I noticed him touching my daughter’s private parts, on my query he replied, he was checking, if she has urinated or not. On Both occasions, my wife and her mother were not present around my daughter.
I could not say this to my wife then fearing her violent outburst and more so she was not in talking terms with me.
After they shifted to Delhi, I tried to contact them but all in vain. But after continuous efforts, she returned in Feb 2014.
She entered in to an agreement with me on plain paper in front of witnesses, agreeing that she wd never use our child as pawn and would grant me custody and access for better security and safety.
In Mar 2014, while I was playing with my daughter I noticed her behavior little improper. She used to touch my face with her tongue, when I asked her its not proper, she replied, “Nanu also does this”. I immediately brought it to the notice of my wife, she confronted me saying “my character is Bad, not her fathers” Post this argument, she again flew off to Delhi, without intimating me and when I tried to contact them, she shouted back “come and take away your daughter, no one wants her here”, I have recorded it. When I said I will come and take my daughter away, she said” 1st you proof your character is fine, then you take my daughter” She abused and shouted, this all has been recorded.
So on three occasions I noticed my father in Law’s abnormal behavior.
Then I messaged my wife via sms and mail on various osscaiosn that our daughter c’d be exposed to sexual exploitation in your absence, I did not directly say its her father who c’d be harmful fearing she wd implicate me in false charges of sexual violation of my own child.
Highlights of my petition:
1. I have filed a RCR petition and in that I have mentioned that our daughter cd be exposed to such danger of sexual exploitation in case of singe parenting.
2. I have also asked for her interim custody and raised question on her intention to leave the city and requested to come back and raise the child together.
3. I can work from home, while she has to go out to work.
4. I have fulfilled my duties as a mother while my daughter used to come to my place daily.
My doubts are:-
1. I have not highlighted the exact facts about the sexual exploitation so far in my petition. Should I wait for the 1st hearing and then depending on the outcome, should I do the amendment in the main petition and custody petition?
2. I went to police, they assured that my father in law will be arrested but suggested me to go through court, if I want custody of the child.
3. Police told me, if without court orders, I try to take away my child form their custody, they will have to register a kidnapping case against me along with other cases (may be 498A etc) and finally my daughter will be taken away from me and be given back to my wife.
My Question is:-
1. When should I inform the facts to the court, after 1st appearance of my wife, by way of amendment procedure?
2. If my wife appear with my daughter, should I take my daughter in my custody and immediately inform the police about my father in Law’s misdeed and apply for amendment procedure in court?
3. Should I at least secure visitation rights and on 1st or 2nd visitation I come back with my daughter to Pune and register the complaint?
4. My only aim is to secure my child, how do I achieve it?
5. Even though Police my register a kidnapping case against me, will my reasons for securing my child not enough to get anticipatory bail?
6. Will my daughter be exposed to some medical tests? Considering I am only complaining U/S 354.
Kindly suggest actions, I am feeling very helpless and under depression. I am undergoing treatment.
Thanks and regards
Abhigyan.
Devajyoti Barman
(Expert) 26 June 2014
1.yes by way of amendment.
2. Yo can do this but you can be alleged to have committed kidnapping of your child.
3.Yes
4.File custody suit.
5.yes
6.MAy be if there is any visible mark.
R.K Nanda
(Expert) 26 June 2014
query too long.
Abhigyan Srivastava
(Querist) 26 June 2014
Thanks for the reply,but I am confused,as to when sd I file the amendment petition? At 1st appearance when I may meet my child,then or when I at least secure the visitation?
Abhigyan Srivastava
(Querist) 27 June 2014
Plz let me know..whn sd i file the amendment petition? after securing visitation or at her 1st appearance?
Abhigyan Srivastava
(Querist) 27 June 2014
Hi,
I will rephrase my queries, if it is too long.
My child is subject to sexual exploitation at the hands of my father in law. I have noticed it 2-3 times. and I have made my wife aware about the fact. After hearing this she left me for good.
I have filed a RCR petition and in that petition itself mentioned about possibility of misconduct with my daughter,and by means of email and msgs I have made my wife aware about the facts indirectly.
My doubt is:-
When should I bring this matter to the notice of the court?
As suggested by my lawyer, I should wait till my wife appear and on her appearance, depending on the turn of events, I should file the amendment procedure and complaint to the police.
I am planning to take my child in my custody 1st and then I should do the necessary, for that should I secure the visitation 1st and then proceed with intimating the court or police?
Q.1)I am clueless, when do I intimate considering the fact that they might counter attack me by filing false cases as well as questioning my character, causing me unfit to take custody of my child. My prime concern is to take custody of my child.
Q.2)Does SC transfer cases, mare on the fact that the woman is asking or it hears others side and merit as well? I have been told that, in most cases, SC will transfer case where the woman currently resides.
Kindly address my query plz.
Thanks and Regards-
Abhigyan
ROHIT SHARMA
(Expert) 27 June 2014
Dear Mr. Abhigyan Srivastava,
1. I have intently pursued your posting.
2. I am amazed that your father in law could enact such crime.
3. My suggestion is that you should just ignore that part of your grievance and do not raise the issue in the R.C.R. matter. Just concentrate on the grounds of your R.C.R. case.
4. Since the child is below 5 years then her mother is her natural Guardian and even if file an application u/s 26 of the H.M.Act, 1955 the custody of the child would not be entertained.
5. You can however take resort of the provisions under the Guardian and Wards Act, 1890 and seek the custody of your child and in that application you can highlight the instances that have disturbed you mentally and the need therefore to protect your child from being abused by such person.
6. You will need to discuss this situation with your local advocate.
7. If need be contact this lawyer.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
E-mail : lawgate1349@gmail.com.
