Can I really get justice by Indian judiciary?

1. Yes, there is always hoping in adversial conditions provided one tries to enjoy the feminizi cancer instead of revolting against the system. I learnt it the hard way and today after 8 years of similar like your litigation I am enjoying the very system.

2. For 498a I don't wish to say much as the charges are not clear from your mail. But if dowry related then you can royally turn the table around to prove your innocence by RTI various authorities and collect such proofs instead of sayign that it is false. No one will listen to you.

3. For visitation / custody usehttps://indiankanoon.org/doc/346574/  https://indiankanoon.org/doc/1402035/

4. Self help is the best mode one can inturn use to help appointed ld. Counsel to fight the case the way you wanted it instead of sounding pathetic. It will not help.

5. A 5 years old child custody is in interest to remain with mother is the general rule. But exception whould have been there in your provided briefs if you could have immediately filed a Habeaus Corpus. So now don't roll back move to next step by first understanding the essence of what is rule of the land from above two references. 

6. In India Justice is not like instant karma cola it is more or less hit and trial constant self help understanding how law could work for you method which if one follows get ultimately justice.Ttry following that path sooner than later.
All the best.
Rgds

Hi, I am aware of the laws. I have sufficient proofs for my dowry harassment case also as I got married in Arya Samaj temple.And I did not take a even single paisa from my wife. I am not much worried about my criminal case as I am ready to face the trial.

   What I expected from the judiciary was to get atleast weekend custody or visitance of single full day  where I can bring my son to my house and leave him back. I have sufficient proofs where my wife did not come to care about my child when he was sick and left him for 9 months under my care when he was just 2.5 year old. But still if court thinks that my child's wish is the final judgment then I have lost the battle as he has been brain washed constantly in last 6 months. So he would not like to come to my place, he tells the things as he is taught.   I am just expecting minimum from the court so that I can meet him and after time passes he can decide himself what is best for him. I do not even force him to stay with me but he must be given enough chance, he is staying is a slum type place now where he does not even have TV. He goes to day care where as my parents used to take care of him in my house. I am little bit dis-appointed to know that court is not going according to evidences at present.

1. If you are aware of the Laws as you say then may I ask you if you aware of Law on Parental Alienation Syndrome (PAS) of Chennai HC? Even Hon'ble SC has not defined PAS till date but Chennai HC practically defined it in Indian context and used it against the mother. So Judiciary is not biased it is the way a litigant uses the same judiciary to his advantage that counts for posterity.

2. Are you aware of the Law in Nelson and Vijaykumar of Chennai HC? Where custody was given to father and even visitation of child in favour of mother was also removed !

3. Are you aware of Laws as laid down by Hon'ble SC in Laxmi Kant Pandey vs. UOI case?

4. Are you aware of Laws as laid down in MC Mehta Vs. UOI case?

5. Are you aware that in child custody cases a LC / CC is appointed on the request of aggrived guardian to find out the ordinarily residence conditions of the child in line with principals of "welfare of the child"? If child from well to do family is staying in a slum as you say then that is one of the condition in favor of you via LC / CC report to grant either more visitation pendentelite or interim custody transfer to you. My que., is if you say you know law have you applied for LC / CC appointment expressly before the same judiciary! P.S. LC = Local Commissioner / CC = Court Commissioner.

6. In my opinion Judiciary is not biased / law is always there / implementation is lacking and it is the "wake up call we collectively give" to same judiciary which makes judiciary as a whole function on the principals of "natural justice".

In totality I donot think what you say and what you mean are nothign but diagrammatically venting frustration out and nothing else which is totally justifiable because if you would have been aware of Law then immediately you as "party in person" could have moved to Higher Court challenging the lower Court Order(s). Mostly a layman or rich person who does not have time for courts needs assistane of legal fraternity (said with highest regards) but if one says I know Law then "party in person" is the right charging mode friend.

Writing 10 sentences in a open web forum is easy and it is also good to vent out the inner frustration but ground work / making peer groups with self awareness is more self productive. There is no ideal parent and no ideal couples we are dealing in here hence emotions and sentiments are not required.
It is what is right as per “welfare of child: which is shown which tilts the case to ones favour.

Please take above as a fellow sufferers neutral comment to you to guide you what to do after knowing law and I myself have undergone similar situations and I'm using the same Law as you say you also know against mother of the child with so called constant results.

However before re-bouncing on me I wish you all the very best.
Rgds.

Illustration: If everything is going ga ga with parents day-to-day normal life with a child out of their wedlock and suppose something bad happens one day to the child in that rosy picture situation, what you as a father (natural guardian) is supposed to react now? Think aloud this rosy family situation and act faster than you are able to read this eye oppener message. 

Hi,

  Thanks for the information provided by you. I am collecting as much information and directing

my lawyer to act on this.  Kindly suggest some good sites where I can go through  and prepare for my

case. I am really frustrated as I can not even spend time with my son and he is growing up fast.

Regards

Manish

1. Start with going over this very interactive forum's all the back posts.
2. Use simple keywords in search options at
https://judis.nic.in/supremecourt/chejudis.asp
https://www.indiankanoon.org/
3. Buy a Bare Act on GWA Act / HAMA / HMGA
4. Buy a Bare Act on Family Court Act.
5. With positive spirit interact with highly knowledgeable experts here lot of your issues will get clarity instead of cribbing about "Indian Judiciary" like agony uncle :-)
6. Use 3 blank piece of papers daily / weekly and chart out what to do / how to do and when to do.
All the best, closing this post now.
Rgds