False kidnapping case
Vicky Baghnani
(Querist) 10 September 2014
This query is : Resolved
Hello everyone,
My ex wife has filed a false kidnapping case of our child on me. She lodged an FIR for sections 363, 448 and 504 on me, last month. Child has been staying with me since last 6 months. She handed over the child to me as per the mutual written agreement made during the time of divorce. 2 months ago, i filed a child custody petition and the case is on. She filed the false cases to snatch away the child. Please suggest me what should I do now. Shall i apply for a FIR quash or do I have to wait for chargesheet to be filed before I can apply for an FIR quash. If you suggest yes, what are the chances that the court will quash the FIR (i have strong proves that the cases are filed only to weaken my custody battle).
Please help as it is effecting my son's education. He is 8 years old.
Thanks.
Dr J C Vashista
(Expert) 10 September 2014
Contact,consult and engage a local lawyer, contest the case vigorously, produce the documents of grant of custody of the child, seek anticipatary/regular bail (as the case may be)and proceed as advised by your counsel.
Donot worry, in the present circumstances nothing wrong will happen except your harassment and mental torture, which you donot have any alternative but to face them boldy and firmly.
V R SHROFF
(Expert) 10 September 2014
CASE IS IN YOUR FAVOUR AS CHILD IS son ABOVE 7 YEARS+ u have written consent+ was with you for a long time.
CHILD CUSTODY GOES WITH GUARDIANSHIP AUTOMATICALLY, TO NATURAL FATHER...
WHY DID YOU File a child custody petition""
THERE WAS NO NEED.
PLAN YOUR CASE PROPERLY BEFORE GOING TO FILE COURT CASE
ajay sethi
(Expert) 10 September 2014
you have to rely upon written agreement signed by you with your ex wife to disprove false case filed by your wife .
Rajendra K Goyal
(Expert) 10 September 2014
You have written agreement signed by both which is in your favor. Take anticipatory bail and move for quash of the charge sheet.
malipeddi jaggarao
(Expert) 10 September 2014
As Expert Mr.Shroff explained, the child is above 7 years, the child is male child, there was an agreement for custody to keep the child with you, why do you worry? Even she files FIR, you have the written agreement and you are biological father. What police can do? You can show your divorce papers and written agreement to them. If she so wishes, she can fight in court, but police has no role in this case except to obtain a written statement along with copies of documents and close the case.
What is the need for child custody petition when the child is with you?
Face the situation with courage and do not become panic.
Dr J C Vashista
(Expert) 10 September 2014
I agree with the expert advise of Mr. Malipeddi Jaggarao ji.
Even then, just to be double sure there is no harm in taking guardianship as correctly advised by the expert Sh. V R Shroff, which shall not be a problem and the matter shall be sortedout once for ever.
Biswanath Roy
(Expert) 12 September 2014
According to Guardians and Wards Act guardianship and custody of a male child goes to biological father after 7 years of age of course, if the father is not a bad character man. Besides, you have a written document signed by your wife relating to handing over custody of the child two months back whereas, FIR was lodged by your wife thereafter so the allegations are apparently false and were made with ulterior motive. Hence, you may file quash petition. Please also note that in cognizable cases Police can arrest the alleged accused if after investigation they get prima-facie proof of offense.
Vicky Baghnani
(Querist) 19 September 2014
Thanks to all the experts for the valuabele advice.
I would like to correct myself regarding The child custody that I mentioned, it was instead a petition asking the court to declare myself as the custodian as my ex wife was trying to take the child back and elope.I filed this petition on 24th June.
I did apply for the FIR Quash but has been dismisses with honourable Judge stating that I might have abducted the child and then filed the petition because offence date mentioned in the FIR is 19th June and I filed the petition on 24th June. The honourable judge even mentioned that the authenticity of the written agreement could only be achieved after investigation.
Please suggest what would be a btter approach now. Shall I apply for AB?
The words mentioned in the order, "I might have abducted the child" worries me. Does kidnapping charges apply for a biological father as well?
Please suggest.
Thanks.
T. Kalaiselvan, Advocate
(Expert) 15 September 2014
