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Abuse of my child and wife by another kid in appartment

(Querist) 03 June 2017 This query is : Resolved 
Recently after a small fight between kids, one of the kid dragged my son down on the floor, sat on his stomach for about 3 mins, holding his hands very firmly so that he couldn't move. He also hit my son several times. Luckily my son had not got any major injuries but was under shock f\as he didn't expect someone to sit on his stomach and hit him that way. All this happened in our apartment common area and I have the CCTV footage of this whole episode.

The kid didn't stop it there. Once my kid escaped and ran to my flat, he came right behind started banging at my door. When my wife opened the door, he wanted my wife also to hit my son so that he can feel satisfied. When my wife refused to do that he said to my wife 1) to learn manners and teach manners to my kids 2) asked her to go and die 3) threatened that he will kill her. This aggressive kid is studying in 7th Class. But this kind of behavior is not acceptable. I have the CCTV footage as the proof for the physical man handling on my son and eye witnesses for the verbal abuse on my wife. The kid’s father is not willing to listen to these and teach some manners to his son. Based on the facts that I have presented here, I wanted to know if I can proceed in a legal way on the kid. If yes, how?
Arvind Singh Chauhan (Expert) 04 June 2017
You have options to take legal action. Though such situation is very humiliating for parents and child. But before taking legal action complain to society. Quarrel between children is normal but he should not misbehave with elders. We have to avoid so many bad situations in daily life. I hope he will not repeat the same. Try to find out the reason behind it that why he did so with your child.
Arvind Singh Chauhan (Expert) 04 June 2017
You have options to take legal action. Though such situation is very humiliating for parents and child. But before taking legal action complain to society. Quarrel between children is normal but he should not misbehave with elders. We have to avoid so many bad situations in daily life. I hope he will not repeat the same. Try to find out the reason behind it that why he did so with your child.
MADHU (Querist) 04 June 2017
Thanks for Arvind for your suggestion. My child snatched ball from the kids younger brother and that led to the fight.

The kids parent in the past, for a similar situation with another child, has said to the society that it is none of the business of society to get into the matter. Society is very scared to talk to the parent as he is also very aggressive in nature. Hence my extreme decision of taking legal course.

How can I initiate the legal action? Should I start with a Police complaint?
Arvind Singh Chauhan (Expert) 04 June 2017
Yes it is a criminal matter Of 323, 506 IPC and related with juvenile offender.
MADHU (Querist) 04 June 2017
Thanks for your response.
Sudhir Kumar, Advocate (Expert) 04 June 2017
Aggression will come down when he comes to know the bribe police will ask for not arresting his minor child.

such like persons shed their ego not at temple/mosque but at thana
Rajendra K Goyal (Expert) 04 June 2017
This was a dispute among children, happening daily in every area. Should forget till some other incidence come in light.

Your child should avoid that fellow.

Both being minor, legal action may not fetch results.
Sri Vijayan.A (Expert) 04 June 2017
It is only children play.
Interfering into their play may result in worst fruits.
Advice your son to avoid him. Approaching the police may not fetch you expected or good result.
Dr J C Vashista (Expert) 05 June 2017
Well advised by experts, I agree and appreciate their analytical ability and legal/social acumen-ship.

Instead of flaring up the situation discuss with the children privately as well as before his parents, nothing so serious to be taking to legal recourse.

Even if you decide to move to police/court what would be end result, what would you gain, what you shall loose and what would be your gain, just consider all pros and cons.

Besides this, since there is no external injury on the body of your son, no evidence of being hit/sitting on his stomach as stated by you and any other mark/evidence, how would you like to proceed to prove your allegation. If the allegation(s) remained unproved/lack of evidence, it is destined to bounce back with multiplied force, note it.

Leap before you jump, well saying.
Guest (Expert) 05 June 2017
To be frank, I do not see any reality behind your story.

However, even if there is any slightest of the truth in your story, still you have the dire need to look after the health and physique of your own son, besides manners of cooperation with other children while playing, instead of seeking any legal remedy.

Let the kids decide to settle their own scores without the intervention of their parents.

If the 7th class child student asked your wife to beat your son, that denotes, he did some unbearable mischief with the other boy. Otherwise, the boy would not have dared to ask your wife to beat your son and teach him manners.



Dr J C Vashista (Expert) 06 June 2017
@ Admin LCI,
Please filter such questions which do not have any sense or legal implications to be opined and advised.
Thanks & Regards
ADV-JEEVAN PATIL, MUMBAI (Expert) 06 June 2017
Ignore such things if u wants lead peaceful life


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