In case child custody is lost

Also, if some of the respected Advocates or Suchitra Ma'am could help me with their email ids so that I can discussed things easily.

I won't take much of your precious time. Please help.

I don't my daughter to go to the hell, from which she and I escaped.

Ms. Softskills,

There are three parts in your question.  The first part is that how to get FIR registered against the husband for the criminal actions perpetrated against your mind and body, despite your complaint in CAW cell, which is drifting away from the main issue on the ground of territorial jurisdiction.  To solve this problem - you can take two steps - (1) To write the police commissioner to direct the CAW cell to refer the any one of the two police stations to register FIR.  (2)  In the first step, if you will not get any relief, then you can approach the concerned magistrate court  (which is suitable to you, as the complaint falls within two jurisdictions of the court) with the complaint and MLC by moving appropriate complaint seeking a direction to the police station to register FIR.

At this juncture, I pause a moment and suggest you that if your grievances are not serious and your intention is not to put your husband behind the bars but to get relief for your self, i.e., maintenance, compensation, and protection and residence, you can file a case under Domestic Violence Act, which provides civil remedies and also gives you assures to provide physical protection from any further harassment.  By opting the DV Act, you can move the legal machinery instantly and note down, in this case also, you lik it or not, the mediation process is the first step.

Regarding custody of the child, given the facts in your case, you will get the custody of the child on the basis of MLC and his medical record.  But he will also get visitation rights to the child, as he is biological father  and is supposed to have affectionn towards the child.  It will take pretty long time for the courts to decided these matters and as you have the custody of the child right now, do not worry much about this issue at present.  But for that, you have to contest the case.

Do not be apologetic to take much of our time.

In any way, If I would be helpful to mitigate or minimize your suffering, I am at your service.

Yours sincerely,

Prabhakar (Advocate)

(M)9958670740.

e-mail i.d. karlprabhakar@gmail.com

Prabhakar,

Thank you so much for your suggestions. I am sure the domestic violence case would surely help.

One thing I could not understand was: By opting the DV Act, you can move the legal machinery instantly

What does legal machinery mean here?

Our case was referred to the mediation centre, but there also nothing happened. My husband didn't come up with any settlement, so the case was referred to CAW again. After that certain dates with the ACP, then we are still waiting for the FIR.

As far as putting him behind the bars is concerned, the physical torture he has done, like beating me for the whole night with glass, belts and trying to shock me with current with electronic item, and hitting my nose so hard that it started bleeding badly and even after seeing the blood, he didn't stop beating me etc, I feel he should be behind the bars, however still, I just want relief and above all my daughter which is the only reason I am still alive. In the summon(spell?) of custody case, he has mentioned that I (me)want to get married to somebody else and would not be proved as a good mother so the daughter should be given to him. and certain more points against me.

His medical report is not with me, but do you think the hospital would provide a copy for the same? Its a private hospital.

Once again. Thank you for your help.

Ms. Softskills,

In Domestic Violence Act (DV Act), putting the legal machinery in the movement immediately means, once you file application under the Act before the concerned Magistrate and after receiving the same by him, the Magistrate summons the husband.  You need not to rely on the whims and fancies of the police department, CAW Cell, waiting for registration of FIR and deciding the question of territorial jurisdiction etc.  But again I caution you that in DV case also, the first step is to refer the matter for mediation and after two to three sittings, the matter be referred back to the court for compulsory adjudication.  Further, in the DV case, your evidence will be taken at the first instance under the guidance of your advocate and this deposition would be highly advantageous to you, in the case if FIR will be registered under Section 498-A case.

Regarding child custody case, it is quite usual by the husband to put such allegations and you have to counter them.  on the basis of facts, it appears, he cannot get custody but he will get visitation rights.

calling for hospital records, you have to move appropriate application at appropriate stage and your husband as well as hospital can oppose those application on the ground that is a privileged information of a patient  and need not to be known to the whole world. If he was admitted in hospital due to his alcoholic habits, you can and you must mention this in your reply in custody case, without bothering whether you can succeed to summon the record from the hospital.

Yours sincerely,

Prabhakar (Advocate)

(M)9958670740.

e-mail i.d. karlprabhakar@gmail.com

Ms. Softskills,

I practice in Delhi courts.

Prabhakar (Advocate)

(M)9958670740.

e-mail i.d. karlprabhakar@gmail.com