interim relief to meet child during pendency of application

A Court trying u/s 306/498A IPC has nothing to do with custody of child.

For custody of child the accused has to move application before the family court.

 Exactly! i am talking about the proceedings before the family court and not the criminal court

regards

I think both the things, having to fae a case under 498A and asking for custody of child are different issues. Father has the right to ask for the custody of the child in the family court and that has nothing to do with his case pending before the court.

The father in law may oppose the application, but the court will not refuse the father to meet the child.

 Dear suchtira

You are right that case under 498 & for custody of child are two different things. but my question is that whether a father who is alleged to have abated suicide of his wife is leads to a conclusion that there is likely prejudice to the child's all round development, its psyche being affected and deleteriously influenced, if such a father is permitted periodical access to the child?

Sir, I said, he has every right to ask for custody of child. It is for the court to decide about the issue to give the coustody or not. You have to prove before the court that he is a psyche, and all those things ,to the satisfaction of the court. Then, court may reject custody to him.  If you fail to do so, he have every chance of custody of the child.

 Dear Suchitra,

I am talking about access to child during the pendency of petition for custody of child and not about petition for custody of child. its an interim application being filed by the father to meet the child during petition for custody.

  Dear Archana,

Dear Ashutosh,

As you already know that as per law, the biologilcal parents have more right than any other person.  Therefore court can even allow the petition. but you have only one way to defend the main and interim application. That aggression of father is very bad and not in the interest of child welfare, otherwise no option.

Good luck

Yes. I concur with Kamal Grover ji. I am of the opinion that father has every right to meet his child during the pendency and also for the custody.

  Dear Mr. Grover,

My limited cents;

1. Kindly see media report of Delhi's Trial Courts largese reproduced below (Sir 'Im aware your case is on totally different footing wherein S. 306 IPC as a gender biased IPC section r/w 498a IPC is applied however without prejudice... I quote the reporting here);

Man facing criminal cases gets daughter’s custody
https://timesofindia.indiatimes.com/city/delhi/Man-facing-criminal-cases-gets-daughters-custody/articleshow/5514940.cms
Smriti Singh | TNN

New Delhi: Is a man accused of ‘‘attempt to murder’’ fit to raise a child? Well, a trial court seems to think so. Taking an unconventional stand while awarding the custody of a six-and-a-halfyear-old child to her father, who has three criminal cases pending against him, a trial court affirmed its point of ‘‘not to judge a book by its cover’’. 

Holding that a father can only be ‘‘deprived’’ from the custody of the child if the reasons are ‘‘compelling’’, the guardian judge at Tis Hazari recently rejected the plea of the child’s mother seeking custody on the grounds that her estranged husband was a criminal and was not fit to take care of their child. 

‘‘Two criminal cases are recently registered against the accused. It cannot be said that he is a habitual offender and his association with the child would be adverse to her interests. It would not be conducive to her welfare if is she is removed from her familiar surroundings,’’ the guardian judge said. 

Ahana (name changed) had been staying with her father for the past two years when her mother left her marital home. Her mother moved the court seeking her custody on the grounds that criminal cases were pending against her estranged husband, including that of attempt to murder, which has a maximum punishment of life term. In her petition, she further stated that her husband was ‘‘absconding (from) the process of law and there was no one to take care of her daughter’’. 

Ahana’s father, however, opposed the plea saying that he was taking appropriate legal steps for seeking bail in the cases filed against him and he was taking care of his daughter’s ‘‘moral, educational, medical and psychological needs’’. Not satisfied with the arguments, the court called Ahana for a chamber hearing where she expressed her wish to stay with her father. 

After going through the girl’s educational record and personal interaction, the court said, ‘‘She (Ahana) preferred to stay with her father. Though she is in tender years but she is intelligent enough to form an opinion with regards to her preferences. The court must pay due regard to her preferences in arriving at a just decision with respect to her custody.’’ 

Lending a compassionate view to the bond shared between the father and daughter, the court said that it would be right for the child’s well-being to stay with her father and the mother’s application held no merit. ‘‘In my opinion, the father should not be deprived of the custody of the child at this stage,’’ the court added.

2. Sir, you will say in above case access was retained because child was with father. I agree but see the seriousness of IPC similarity to some extent in your and above quoted case reference. So, your question is very good but like other seniors quoted I say it is 50:50 chance in case in hand. You may diagree but then I ask just two questions - what is the age of the child in your case and how long the previous access of father was there before alleged S. 306 happened ?

Regards

 Dear Mr. Kumar,

every court has its own view and every case has its own facts. thanks for sharing the news of the trail court. in our system every case has 50-50 chances. and what is 50-50 is always tasty and interesting (britainia 50-50 ting ting ting).

in this case which has been discussed by you at length is entirely different from the case i am talking about in the case cited by you there is no allegation on father that he ever had any in human behavior towards any member of his family.

a man having allegation that he is facing criminal trail for an act committed against his own family is very different from a man having allegation of being criminal towards others. there are many criminals say for example smugglers and murderers  etc who love there families.