Section 97 crpc
Deepak P
(Querist) 24 October 2014
This query is : Resolved
Hi All,
Greetings,
3 months before one day my better half passed away due to hypoglacimia attack i.e. sugar level below 40mg...she had diabetes since last 12 years. she had type 1 diabetes and was on insulin.
She was also suffering from hyperthyroidism since last 8 years.
we married in 2010 and since then we were living happily... As she was BHMS doctor, she did practise for few months after marriage, after pregnancy she gave up practise for some time.. in November 2011 she gave birth to a beautiful child.
we were living very happily...now my kid is 3yrs old...
on the day of incident.. we admitted her in hospital in midnight...doctors tried their best but in vain...
doctors was not sure about her cause of death so we decided for post mortem as it happened under 7 years of marriage..
my in laws were not allowing the cremation and dominating us and harassing us by saying that they will lodge false criminal complaint against us.. and demanded my kid in favour.. we agreed coz v didn't have any choice n we were in deep shock coz after post mortem the body was kept over long 6hrs..
we thought that they will calm down in some couple of days...
but next day they went back with my kid and 5 days after the incident they came back and lodged the complaint agains me my brother my father and my mother u/s 498a, 304b and 34 IPC..
my brother and me were surrendered at local police station and my parents got anticipetry bail
we both got bail after 23 days of PCR n MCR on the same time...
after coming out on bail..i with different sources tried to convince them to give me back my child but no results.. they r arrogantly talking every time...they r not even allowing to talk on phone with my kid...
so after huge thought I filed a case against them u/s 97 crpc for custody of my kid..
so please go through all my case details and please advise some of my important queries below...
PLEASE YOUR ANSWERS MEAN A LOT TO ME...THANK YOU IN ADVANCE...
1. Did I Make any mistake by filing a case u/s 97 crpc
2. Does this affect my existing case which they filed against me..
3. What would be the judgement of this case of 97 crpc pls explain in detail...
4. What I should do except this in future..
5. Please Help me I am indeed need of it...
Devajyoti Barman
(Expert) 25 October 2014
1. Ni, but file civil suit of custody of child.
2.No
3.Nothing
4. File custody suit.
5. Do as advised above.
Rajendra K Goyal
(Expert) 25 October 2014
File civil suit for custody. Also demand visiting rights till decision.
Deepak P
(Querist) 25 October 2014
Thank You Mr Devjyoti & Mr Rajendra
court issued a notice to them for my case which I filed u/s 97 for my kids custody..bud they rejected to take the notice...what will be next action of court now?
V R SHROFF
(Expert) 25 October 2014
Did I Make any mistake by filing a case u/s 97 crpc?
Ans : YES
U must file case of custody under GW Act , in District court as civil case+ if applicable in Family Court.
Deepak P
(Querist) 25 October 2014
Thank You Mr Shroff For Your Kind Opinion...
But let me tell you one thing that... they are behaving very arrogantly every time we are calling to convince them... they are not allowing to talk with..to meet with him...why?
is this correct?
there are several treatments are going on of my son..his school is missing since last 3 months.. why? what is his mistake?
please reply mr Shroff...what is should do?
V R SHROFF
(Expert) 25 October 2014
You have to mention in writing, the adverse effect of the paramount interest of the child and demand his custody.
Once you get custody, all problems solved.
Ask ur Advocate to do needful for it.
T. Kalaiselvan, Advocate
(Expert) 27 October 2014
You first consult your advocate and immediately file a child custody case, this will bring many things to a negotiable table.
Sudhir Kumar, Advocate
(Expert) 30 October 2014
file custody case.
They seem to be arrogant even with the law.This habit of them will help you and you have to take benefit of the same instead of being annoyed. Arragance is the biggest help they can give to you.
Sudhir Kumar, Advocate
(Expert) 30 October 2014
They are not natural guardian of the child as long as father is alive. If you have (even under distress) allowed temporary custody of child still the do not become guardians. The action of 97 is correct.
