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Nobody   15 August 2016

Urgent help required in false 498a and child custody case

Hi all, I have been married for 10 years and have a 4 year old son from the matrimony. My wife was living with me without any issues for last 8 years but started creating problems as soon as my parents moved in with me after their retirement a couple of years back. For the last couple of years she was forcing me to stay away from my parents and started creating public scenes frequently. Every time I tried to counsel her and things seemed to get back to normal. However in October 2014, me, my parents and my son had gone on a 3 day vacation which she refused to join giving reasons of some critical office work On returning back from the vacation I found that she had left our home and had taken all household stuff and kids clothes/toys with her. Me and my parents called her and her father but were given threats that we had tortured her and they had evidence about the same (false threats) Given the route which they were taking, I got scared that they might file false cases against me and my family and left with my parents and son to my parents home at Delhi. Later I again contacted her via some friends and with their mediation we agreed to come up with a MOU which takes care of both our concerns so that we can lead our lives peacefully in the future. The Mou was discussed and is in mails but I never forced her to sign the same Meanwhile My wife lost her job and came back to me in Delhi . She was ok for a month or so but again started misbehaving with my parents and making a mountain out of every small issue. Then one day she said she has got a new job in Bangalore and went ahead and joined that leaving the son in my care. She used to visit me and our kid once in 2 weeks. On April 20th she visited my home with the pretext of celebrating Holi with the family, however she kidnapped or child and ran away while we were all sleeping . I immediately filled a police complaint regarding the same in my city. Later on I have been informed that she has filed a FIR with 498a, 503, 504, 323 and 3/4 dp act in Agra against me and my entire family. I have been attending mediation sessions for almost 4 months now but finally the mediation failed as she and her family were trying to blackmail me into submission by providing her child custody for life, transfer 1 house to her name and 1 on child's name, move to a location where she has a job etc She works for a multinational and earns almost same as I do. Please help me by guiding me on the following questions ?? 1. How can I ensure that I can get my sons custody . Everyone I talk to tells me that I can't get the custody as my son is only 4 yrs old. I asked for joint custody during mediation but my wife refused the same 2. Will getting the physical custody back of my child help in any case specially with false harrasment cases filed against me. He was under my care till April, 2015 till my wife took him away 3. came to know that my wife was under treatment for depression for last 3 years ...will this help me in any way? 4. what chances I have to the get the fir quashed on basis of jurisdiction, given there is no cause of action in Agra except that our marriage was solemnised there. The FIR also mentions any cognizable offence in Agra. 5. My sister and brother in laws name has been causally mentioned in the fir without specifying any date or specific event. Will quashing of fir be easy for them ? 6. Also will the fact that I immediately filed a police complaint on the day she took my son away help my cause in anyway ? Please help me as I am getting no credible answers from my lawyers and really looking for some practical and actionable advice from this forum of experts: Thanks


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 5 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     15 August 2016

Quash is no remedy on the other hand it can complicate the matters.

 

1) You have to contest the matter in lower court and exhaust the opponent.

 

2) Jurisdiction is weak issue since the law gives ample space to woman.

 

3) Taking child by mother is not crime on the other hand it shows your insensivity againt the infant. In such cases police report goes against you.

 

If you face the trial in lower court with cool mind and EXPERT HELP the othereside will have to prove the case in the lower court beyond all doubts and expert legal help can demolish it and you can come out of it scratch free.

Nobody   15 August 2016

Thanks a lot sir for your reply. As UP doesn't have anticipatory bail, my lawyer is suggesting that I go for quash petition as that will Atleast result in stay on arrest in case quash petition is denied. Also is there no way to get immediate relief for my sister and brother in law ?? They have been married before I got Married and only visited us a few times ??

Nobody   15 August 2016

Also can someone please help me with the options I have regards to my son?? In the compromise deed they have mentioned that the mother will have care and custody of child but both parents can be the joint guardians of the child. Can someone please make me understand the pros and cons of this point. Also what is the difference between custody and guardianship ? In case I agree to this point, will I even able to contest the custody of my child ? Thanks

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     15 August 2016

I agree with Mr laxminarayan

Augustine Chatterjee

Advocate & Solicitor at Law

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Sanjay Gautam (Advocate)     15 August 2016

You are rightly adviced above. Further I just like to add that after the Hon'ble SC order recently the arrest u/s 498a is not a routine and only in cases of exceptional circumstances arrest is made. So need not to worry for arrest and contest the case as adviced above.

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