Case u/s- 304B . 34 Pic
pinku bhowmik
(Querist) 14 January 2018
This query is : Resolved
A child is at 8 years old who is in judicial custody with her mother for 54 days . Mother is also one of the accuseds . Child has no c/w the case. Police entered in the arrest memo that the child is lapping baby. Now the grand mother of the child wants to take the custody of the child I am an advocate what will I do ?
Dr J C Vashista
(Expert) 14 January 2018
Did you apply for bail of mother/accused? How did
Dr J C Vashista
(Expert) 14 January 2018
the police detain the 8 year old boy?
P. Venu
(Expert) 14 January 2018
The grandmother can move the Court. Is the mother willing?
Guest
(Expert) 14 January 2018
8 years old boy, a lapping baby, seems to be some hypothetical situation!
By the way, as a lawyer of the case, what exactly you have done in that respect? Further, do you have any objection if the grandmother takes custody of the child.?If so, objection what for?
Sudhir Kumar, Advocate
(Expert) 15 January 2018
Police seems to have done a favour to the accused by allowing her 8 year old child as lap child so that she can take him inside. They might have recorded him below 5. Please check that aspect.
If he is 8(+) and recorded as 5(-) then this may be another hurdle.
Kumar Doab
(Expert) 15 January 2018
Check on point raised by Mr. Sudhir Kumar.
Dr J C Vashista
(Expert) 16 January 2018
Prima facie it is a hypothetical academic topic for debate.
Dr J C Vashista
(Expert) 16 January 2018
Prima facie it is a hypothetical academic topic for debate.
Guest
(Expert) 16 January 2018
Of course, it is a hypothetical academic query.
Guest
(Expert) 16 January 2018
The querist has not replied my question, as he claimed himself to be a lawyer also. No qualified lawyer can be expected to be so perplexed.
pinku bhowmik
(Querist) 17 January 2018
We apply 439 two times but rejected. Then we filed petition before C J M for taking the custody of the child on behalf of grand mother . C J M directed the matter to be considered before the District Child WELFARE COMMISSION .D C W C gives the custody of the child to her grandmother. Sir it is not hypothetical problem.
Guest
(Expert) 17 January 2018
Mr. Pinku Bhowmick,
When you knew that the custody of child has already been given to her grandmother, but you stated that the grandmother WANTS to take custody, as if the custody case is still under consideration. So, what for you put question and asked what to do even without making any mention for which party you were advocate. So, why this query should not have been treated as hypothetical?
Surely, such type of vague description cannot be expected from an advocate, as you claimed to be.
pinku bhowmik
(Querist) 18 January 2018
Respected sir if say anything wrong please excuse me. We got the custody of the child on 16 /1/2018
Sudhir Kumar, Advocate
(Expert) 18 January 2018
You have not commended how a woman was allowed to take 8(+) child inside prison.
Guest
(Expert) 18 January 2018
Totally evasive replies.
Although claimed yourself to be an advocate, but your query and clarifications were without any head and tail, i.e., for whom working as a lawyer, what you wanted, what you had already done, why you had any objection about grandmother claiming the custody of child, etc. If not a lawyer, why pose as a lawyer, when you can't make description of even a sentence appropriately and what can be the fate of your clients for whom you represent the cases in courts of law?
Kumar Doab
(Expert) 18 January 2018
The custody was aimed and has been given and the matter ends.
