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Suraj Kumar (Manager)     22 March 2022

Torture upon minor child

Sir,

My wife leaving me & went with another person at unknown address and my 5 year old son is with her 

My in-laws informed me that my wife torture upon my son is always crying for food & and torture upon my son. My wife also refused to admit my son to school.

She also file 125 CRPC

 

My in-laws want to bring my son from their daughter and keep with me for proper care.

What should I do to bring my son to admit in school ?

Should I file 97 CRPC for search warrant & apply for custody ??

 

 

 

 



Learning

 3 Replies

shraddha Easwaran   24 March 2022

Sir,

basically, on the above-provided information, it seems that your wife has filed 125 CrPC to avail for maintenance. but in this case, it won't be possible for her to avail that as 125(4) CrPC says that no allowance shall be given by the husband if the wife is living in adultery, or goes not have strong and sufficient reasons to prove this. As your wife is living in adultery she won't be able to avail of any such maintenance.

Moreover, according to article 21 A, any minor child between the age group, 6-14 yrs, has the fundamental right to education. So you may use that additional point to prove that your wife is depriving her son of the basic fundamental right is entitled to.

But the only issue you will face will be the custody issue, as if the child is 5 years or less, the custody shall be with the mother. But you may use article 37a which says no child shall be exposed to any torture, or else wait until he completes 5 years for the custody issue, which will be evaluated and addressed by the Court.

Palak batra   24 March 2022

Dear Querist,

 

Article 21 of the Constitution of India which protects the right to life and dignity includes the right to education for children up to 14 years of age . Corporal punishment amounts to abuse and militates against the freedom and dignity of a child. It also interferes with a child’s right to education because fear of corporal punishment makes children more likely to avoid school or to drop out altogether. Hence, corporal punishment is violative of the right to life with dignity. 

 

The Juvenile Justice (Care and Protection of Children) Act, 2000 is an important statute that criminalises acts that may cause a child mental or physical suffering.

 

provisions of the Protection of Civil Rights Act, 1955 can be used to prosecute a person/ manager/trustee as well as warrant resumption or suspension of grants made by the Government to the educational institution or hostel on the ground of untouchability.

 

But the only issue you will face will be the custody issue, as if the child is 5 years or less, the custody shall be with the mother. 

 

Regards,

Palak

Suraj Kumar (Manager)     27 March 2022

Sir, 

My son is now 4 year 11 month old. If I file custody case, the case might be ex-party.

If such ex-party order is passed, how court will execute its own order ?


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