Want my child back
INDIAN
(Querist) 24 May 2013
This query is : Resolved
All Respected , I have filed 125 and Husband HMA13 and then I gave complaint to commisioner for dowry demand . In that I stated that I w as 6 month pregnent and my husband and inlaws kept my elder son (who is of 2.5 years) forcefully and I have to come back to my parents. I have given the complaint after 7 months of my returning to my parents. IO called to my husband for reconcilation but my husband refused to do so . Now I want to know that Will the police help me to get my child back to me as my son is too small ? To whom I should meet to get my child back ? Can I meet to higher police officers of my husband residing city to help me ? Or in DV case will the hounerable court can help me to get my child back ? I heard that Mahila Ayog can help in this and to register the FIR in 498a against my husband and in laws . If so How I can approach to Mahila Ayog. Kindly help me.
Adv Archana Deshmukh
(Expert) 24 May 2013
File for child custody in the court, you will get the custody easily as custody of a child below the age of 5 is ordinarily given to the mother.
INDIAN
(Querist) 24 May 2013
Thanks Ms Archana. I discussd with my advocate about to file child custody case. He told me that this is a civil case and it may take 3 to 4 years to get the order of custody. Is it so ? If police can not help me and court will take 3 to 4 years then where is the justice for lady ? In this site I read that Lady will have to prove the allegations if she file the Dv case. If a lady is beaten by husband and in laws inside the home then from where he will bring the witness to Prove DV ? In laws are abusing her and torturing and lady has beared all to save the marriage and for sake of futur of two children . Finally on breaking points when lady is giving complaint to police to file FIR then still police is asking for proves. How a lady will prove all these. It is read that lot of laws are made to protect the lady but un absence of proves again she will not get the justice. I want to go back to my matriminial home but my husband is not ready for that and police is not taking any action . If I will file direct complaint in court then it will take 6 Months to 12 months to summons to acuused. Then where is the justice for lady ? To get the relif she will have to wait for the years . So is it true the Justice late means Justice denied.
V R SHROFF
(Expert) 24 May 2013
You contact protection officer of your district. He can file DIR Report, and court will consider under DV..U will get faster result .. I believe, you must get custody , as interim relief in a month, in civil court too. u can approach fly court if in city.
ajay sethi
(Expert) 24 May 2013
under provisions of DV you can seek child custody
Raj Kumar Makkad
(Expert) 24 May 2013
Child custody should be claimed under Hindu Adoption & Maintenance Act or under Hindu Marriage Act instead of DV Act as there is no specific section in DV Act for custody.
Hemang
(Expert) 24 May 2013
Shri Raj kumar is right when advising about the child custody. However, at the same the Court will also consider as to whether the mother has sufficient means for the child support. Generally, the custody of the minor child is given to the mother.
Dr J C Vashista
(Expert) 26 May 2013
Hindu Adoption and Maintenance Act is the right way to get permanen solution, however,Prtoection of Women from Domestic volence act 2005 also provides for interim custody of the child.
