Please Help (bbbb) 28 September 2014

Husband use abuse alws

Respected my all seniors,

This is the case of one of my client.

She separated from his husband from last 2 years, but her husband send per day msg to her that she is characterless, her mother is characterless like that. even he per day jointed her name with any body even with her father and own brother also. so please suggest me in this case what I suggest to her.

N she has 3 years old child. so on behalf of this msg her husband claim to take custody of that child, so it is possible to get him custody of that child?

Note : She filled the FIR against him already.

Thanks a lot in advance....

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1 Replies

Tajobsindia (Senior Partner ) 28 September 2014

@ Author,

1. She has number of remedies available under quasi-civil as well as stricter IPC and CrPC laws against her husband subject to reasonably proving alleged facts.

2. But, first, if she has already filed an FIR and police is not taking any action then the immediate remedy is to approach Jurisdiction Magistrate Court under S. 156 (3) CrPC to seek Order from Court to Police to file action taken report (a status report) on FIR that you say your friend has. For this she needs to seek services of an local advocate found via reference.

3. Advise her to protect safe keeping without tampering SMS's including the device.

4. Child custody question cannot be clearly replied as related facts are missing.

5. You are using word such as 'client' in this brief before the forum, and if you are a lawyer, instead of learning here better to either get guidance of local Senior Advocate or read CrPC S. 200 and S. 156 (3) CrPC and act accordingly !

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