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V Kumar Singh (Executive)     22 July 2020

Child custody of 304b father

My AB rejected in 304B ( false case, depression suicide ). My late wife's parental family want custody of 11 yr old daughter, but she does not want to stay with them ? During the period of my JC, can my daughter stay with her paternal side, or will the judge force her to stay with her mother's parental family while I am in JC ? Request reply.



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 8 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     22 July 2020

Hello,

Ask your parents to file application for custody in court. Without application court cannot order custody of your child.

 

 

V Kumar Singh (Executive)     22 July 2020

Scenario 1: Can court order my daughter's custody to my in-laws rather than my parents, even if  my daughter does not want to go with them, even if my parents file for custody ? Scenario 2: If my parents AB gets rejected as well, in that scenario, where will my daughter go? Can she refuse to stay with my in-laws ?

 

V Kumar Singh (Executive)     23 July 2020

Sir

Thanks for your detailed reply. Due to the public nature of this forum, it would not be prudent for me to disclose a lot of details. I am innocent 100% (depression, suicide of wife, led to false 304B). If suggestions could be made on my above queries (the above 2 scenarios that I mention), I would be highly obliged and grateful. Thank you.

V Kumar Singh (Executive)     23 July 2020

thanks for your detailed repaly. A few details - Death occurred within 7 yrs, so 304B applies. FIR filed against me and my parent much later, just to harass, extract money, obtain custody of daughter, blackmail. Lawyer compromised, so terminated him. Will try for parents (only one of my parents surviving) anticipatory bail, but if it is rejected, can I prevent my daughter going to custody of my blackmailer in-laws ? Can my daughter stay with my relatives when me and my parent are in JC (very likely parent's AB will be rejected) ? or can court force her against her wish and make her stay with my in-laws is my question?

V Kumar Singh (Executive)     23 July 2020

Thanks very much sir, Appreciate greatly your suggestions in this regard. Unfortunately, Indian criminal justice system stinks, to say the least !!

Aniket Giri (ADVOCATE)     24 July 2020

I will not go into the details of the criminal case.
Now, regarding the custody matter:-
The minor is in your custody physically . In your absence she will stay with your parents under their custody physically. Now, as she is already in custody of you people, you need not to file any case for custody, rather, if your in laws desire to get her custody, then they need to file an application before the competent court and the court will of course not give any exparte order and give you opportunity to defer the matter. Moreover, the child is not at all an infant so while passing the order court shall also consider the wishes of the minor.
Please feel free to revert back to me if required.

laxmi kant joshi (instructor)     24 July 2020

If the child is in your custody then your parents need not file any application before the court for her custody , if your in laws wants her custody then they have to file for her custody , court will ask your daughter to whom with she want to reside if she deny to live with your in laws then the court consider all the aspects of her future and then passes the order in your favour .

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     25 July 2020

APPROACHT HE HGH COURT BY CHOSING A RENOWED LAWYER BY STATING THE FACTS LIKE BELATED COMPLAINT AND OTHER CIRCUMSTANCES. YOU MAY BE SUCCESSFUL. AS YEARS PASSED THERE IS NOTHING TO TAMPER THE EVIDENCE AND ALSO INFLUENCE THE WITNESSES. YOU WILL BE SUCCESSFUL. AS THE OFFECE OF 304B HAS PUNSIHMENT BELOW SEVEN YEARS YOU CAN PLEAD THE HIGH COURT TO ORDER THE POLICE TOFOLLOW THE PROCEDURE U/S41A CRPC AND ARNESH KUMAR CASE GUIDELINES. 

CUSTODY PETETIONS IS TIME TAKING TO DECIDE AND AS YOUR DAUGHTER IS 11 YEARS OLD HER WISH IS TAKEN INTO CONSIDERATION BEFORE PASSING ANY ORDER BY THE COURT. THERE IS NOTHING TO WORRY FOR SAFETY MAKE YOUR DAUGHTER TO BE CLOSE WITH ANY OF FAMILY MEMBERS WHO WILL TAKE CARE OF HER IF AT ALL YOU ARE GIVEN TO JUDICIAL CUSTODY.


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