Need urgent help
Querist :
Anonymous
(Querist) 13 December 2011
This query is : Resolved
As i asked ur advice in my previous post where a lady left her matrimonial home on november 2010 & while leaving her matrimonial home she took away a two years baby girl of her sister in law,her husband file divorce petiton on may 2011 & while mean time they requested to give back their baby,her sisiter in law file application to SSP which was marked to SHO,after 2-3 apperance the lady who took away baby girl filed suit for permanent injction to teh effect that defendent restrained from taking the possesstion of minor adopted daughter of teh plaintiff forcibly & illegily,where she made defendent her sister in law.her husband,her father in law & SHO & she admitted in her palint that her sister in law is natural moter of baby & she adoptd from her on certain date,she did not file any adoption deed but she bring birth certificte in which mentioned that her name as mother of child,her husband name as father,her father in law named as grandfather of baby,& natural mother has original & geniune birth certificte.Now plz guide me what remedy have to natural mother. can she file case of guardianship against her,what approximately time take place to dispose off this case.what are other remedies available to her? which is best remedy for her? can registred adoption deed is must or optional in valid adoption? what will be effect of suit filed by the lady ?
kindly give ur expert advice, as early as possible.
thanks in advance
ajay sethi
(Expert) 13 December 2011
how can lady take child belonging to her sister in law? if sister in law is natural mother she is enttiled to child custody and not you .
if child belongs to sister in law how is it that in birth certificate name of lady is mentioned?
for lady to be granted custody it would be advisable to have valid adoption deed .
Sankaranarayanan
(Expert) 13 December 2011
Well said by mr sethi, more over if your sister in law have full right to file criminal proceeding against you for your action.
You should solve the matter amicably with your family senior peoples
Sanjeev
(Expert) 13 December 2011
Think you have not mentioned the full facts there would been some arrangement and there would have been a agreement between you when the child was born to get the birth registration done in your wifes name and now when the relations have turned sour you are stating that she had run away with SIL's child.
Querist :
Anonymous
(Querist) 13 December 2011
my query was that what remedies to the natural mother has & which is most suitable one:
1 file guardianship case
2 u/s 156(3) crpc
3 complaint case
4 all or any one or two togeter
ajay sethi
(Expert) 13 December 2011
you have not answered our queries . how was birth certificate issuedshowing the lady as mother of the child
Raj Kumar Makkad
(Expert) 13 December 2011
It seems in the light of facts, supression of facts is being made by natural mother. It seems that girl child was given in adoption but thereafter a dispute between the husband and wife started so the sister in law (natural mother) is pressurizing her sister in law (adoptive mother) to withdraw all cases against her brother (husband of adoptive mother).
The case of such lady is based upon malafide intension so she can adopt either of or all of 4 modes told in the subsequent query.
Querist :
Anonymous
(Querist) 14 December 2011
she prepared from other birth & death registrar by adding different baby`s place of birth we filed RTI application to concerned department how this bith certificate was made.but it is not geniune & child was not given in adoption.natural mother was given her baby to her parents when she was ill & was unable to look after her both children.her bhabi was issueless & took interst to her baby & when she left her matrimonial home she took awy the child.
Shonee Kapoor
(Expert) 14 December 2011
There is something amiss.
If the child was not legally adopted by the lady, your sister-in-law should file a case of kidnapping. Nothing more is required at this point of time.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
