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Fighter   21 May 2023

Child abandoned by ex wife after mutual consent divorce and taking lumpsum amount

I have taken mutual consent divorce from my wife in 2017. We have girl child with current age 10 yrs. Girl Child Custody is with my ex wife. It is mentioned in mutual concent divorce terms and conditions and also in court order. Wife have taken 20 lac rupees lumpsum permanent alimony for her and child. I am married to another woman, we have now with 2 kids and happily married now.

Last week ex wife abandoned girl child in police station near me. And gave letter to child and have mentioned my mobile number.

Currently from last few days child is kept in Children Home by Police, wife is not answering police phone calls.

I know she have left child there only to harrasment to me. Police not registering FIR. 

What legal actions i can take against ex wife?

I am planning to file private complaint in court, which all sections we can apply on her?


 2 Replies

Dr J C Vashista (Advocate)     22 May 2023

File your complaint without mentioning provisions of law, that is duty of police.

Niharika Lohan   10 June 2023


Hi Fighter, I’m Adv. Niharika Lohan and this is my take on your query.

You can bring the criminal law into force by registering an FIR under sec 317, IPC. This section punishes any mother or father, leaves or abandons a child under the age of 12, will be punished for a term upto 7 years, or fine or both. The catch here is that the abandoning parent should have an intention of complete abandoning the child. I hope you will be able to probe the intention when you go ahead and contest the case in Court.

For your convenient reading and understanding, I’m attaching a relevant article on s.317, IPC.

I hope your horizon of awareness will be broadened by it. Kindly follow the link below.

In case you have any further query, you can reach me via email at


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