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Kumar   04 June 2026

Bns 137(2)

Scenario: Father filed custody case for 5 years old second girl child, received interim visitation rights and the case is still going on for further hearings. Spouse and her legal counsel are intentionally delaying the case. Problem: Upon recent visitation as per the orders, Father saw the child's foot bleeding, immediately took her to nearby hospital and got the first aid done, seeing the panicking situation of both the kids, father called up the spouse over the phone and asked about the cause for negligence, as usual no proper answer and she asked him to drop back the child and leave, here one child stays with father another with mother where custody case is going on. He took away the child informing her to come and showup in the court and take the child. Effect: She filed kidnap case BNS137(2), with local influence and husband was arrested and intentionally detained overnight, tortured him to settle the family disputes as per wife demands, husband is produced in the court the following day, he got bail and kidnap case is going on. Husband informed the Police about the ongoing cases, shared the injury photos over WhatsApp, still police filed the case and information about injury is concealed in the complaint and the FIR Advise Needed: Is this case maintainable, can be quashed? Supporting citations will be really helpful.


 4 Replies

P. Venu (Advocate)     04 June 2026

Is this a query or a riddle? if a real issue, what is the case/FIR No.? Which Court?

Kumar   04 June 2026

Sir, this is a real ongoing scenario. Given the situations, please excuse me as of now for masking the sensitive details. I sincerely appreciate your prompt advise.

Dr. J C Vashista (Advocate )     05 June 2026

It is abuse of process of law for which concerned lawyer (engaged by the husband) has to be consulted for further proceeding.

However, he (accused/husband) has the only option to contest the case(s) slapped upon him.

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T. Kalaiselvan, Advocate (Advocate)     06 June 2026

On the basis of the details posted by you, it is clear that the police filed a false case and the police themselves know that this case will not be maintainable and will be dismissed by concerned judicia magistarate because of the fact that the alleged kidnapper is the father of the child and not a stranger or person with any other ill intention. However if any other sections have been added to the charge sheet other than the kidnapping offence then the case may have to be contested on merits.

Whatever since you have complete documentary evidences to prove it as false case, you may wait until the charge sheet is filed and then you can approach high court with quash  petition.

 

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