Action against police
Udit
(Querist) 28 July 2014
This query is : Resolved
I have divorced my wife. I have two children, son aged 6 years and a daughter aged 2 1/2 years. In December 2013 after divorce my wife forcibly took my son with her. I filed child custody suit, which is still pending. Last week when I went to meet my son in his school, he started crying and insisted me to take him with me. After getting permission from the principle of the school I brought him with me. Same day his nana, maternal grand father lodged a FIR in the police station against me and on behalf of his FIR police took me with my son in the police station and there they handed over my son to his nana, maternal grand father. I Keon though FIR of kidnaping of his own son is not maintainable in court but can I take any action against such action of police, because they took my son without his wish. I want to take action against police. Please suggest me is there anything in law which I use against police.
Udit
(Querist) 28 July 2014
Sir, I did not get any answer for my first query. That is why I again posted. You are requested to answer my query. I will be highly obliged to you.
Devajyoti Barman
(Expert) 28 July 2014
I have replied to your query.
How could you say that you have not received any reply.
Udit
(Querist) 28 July 2014
I got it sir.
malipeddi jaggarao
(Expert) 29 July 2014
Mr.Udit - in the interest of needy people please avoid posting same query repeatedly. If you do not trust any of the replies, you can contact a local lawyer.
Sudhir Kumar, Advocate
(Expert) 29 July 2014
repeated
http://www.lawyersclubindia.com/experts/section-363-ipc-486946.asp
V R SHROFF
(Expert) 29 July 2014
REPEATED QUERY.....
POLICE CANNOT CONSIDER CHILD'S WISH..
YOU MAY BE GUARDIAN, THE CUSTODY OF CHILD IS WITH MOTHER; SO YOUR ACT IS ILLEGAL..
ARE U REMARRIED AFTER DIVORCE??
If YES: Keep a stone on your heart... just forget ... you had any children;; You may meet them getting visiting right/ custody application.
meet them and just forget// do not think or have any heart feelings...IT'S LIFE !!!!
DON'T GET UPSET..
START A NEW LIFE.. NEW WIFE.. NEW CHILDREN...
THAT'S ALL....
I AM GIVING YOU A VERY HARD... VERY SHREWD.... FEELINGNESS.. VERY SOUR... BUT VERY TRUE AND CORRECT ... EXPERIENCED....REALITY ... ADVISE...
THIS IS FOR ALL DIVORCED HUSBANDS....
NO CHILD RETURN TO THEIR FATHER ...
NO CHILD LOOK AFTER FATHER...
NO CHILD EVEN KEEP CONTACT...
THEY ARE EAR POISONED BY THEIR MOTHER .. WITH HATRED TOWARDS THEIR FATHER....
MAY HAVE 1% EXCEPTION: BUT DO NOT HOPE ANYTHING...
YOUR ACT WAS HOPELESS!!
IT ONLY PAINS YOU...
ONLY PAINS YOUR HEART THAT MAY CAUSE HEART ATTACK, B.P. , DIABETES..., MENTAL TENSION, ONLY UNHEALTHY ---UNHAPPINESS!!
SO BETTER ACCEPT MY ADVISE...FORGET CHILD WITH WIFE... START NEW LIFE...
[ P.S.: Divorced wife take revenge to PAIN you, with your emotions/ feelings for child/ blackmail you// rob your happiness// Don't become easy prey of ladies dirty tactics. --
Such children too, leave alone their mother after they marry,... Wife too suffer loneliness -sad life- in her old age..and later blame husband for her disaster. ]
ALL DIVORCED HUSBAND...........
PLEASE TAKE NOTE OF MY VERY VERY IMPORTANT STATEMENT....AND SAVE YOURSELF..
I REPEAT: KEEP A STONE ON YOUR HEART,AND ICE ON YOUR HEAD....&&&&& "FORGET WIFE & CHILDREN ONCE DIVORCED." GO AHEAD WITH FULL HOPE... FOR EVERYTHING NEW ...EVERYTHING NEW...
T. Kalaiselvan, Advocate
(Expert) 30 July 2014
Though expert Mr. Shroff's opinions and advises are interesting to read, I cannot endorse such harsh opinion. The opinions may have been found to be fact of certain issues but not with everyone. The author's query is whether the police action is justified?, If the author justifies his action, the police action is also justified. There are certain procedures to be followed especially when the matter is sub-judice, hence such action by the author will warrant strict action by police and there is no surprise if he had been booked for kidnapping offences too. Better apply for custody of child before the court along with an application visitation rights.
Though many experts have stated this query to be a repeated one, I did not come across his same query till now and I shall refrain from giving my views to his same query posted in some other thread.
Biswanath Roy
(Expert) 04 August 2014
Under the given facts and circumstances there is nothing in law which you can use against Police.
