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Ritwik (IT)     08 September 2017

Violation of child right

My son, 5 years old is, i) dissuaded to be alienated physically and emotionally from his father and grand parents ii) meted out with corporal punishment for his studies iii) underweight for not maintaining proper diet, by his mother and her near relatives. Do these not come under the purview of violating his rights? What form of remedies can I seek for the child in the nature of either counselling or legal measures.


 4 Replies

Raveena Kataria (Advocate )     08 September 2017

Hi, I'm not clear on as to how your son would be dissuaded by your wife from having any emotional or physical touch with you. Are you currently not living with your wife and child? You possess as much right on your child as your wife does unless the court issues an order against you and awards the whole custody of the child to your wife.

Meaning, you have just as much part/responsibility and level of control in this to make sure that the child does not, for instance, remain underfed. Note again, you need not wait to hear your wife dictate the terms as to how and when you wish to spend time with your child. It's your legal right, until the court issues an express order against it.

Ritwik (IT)     09 September 2017

Though we are leaving in the same house, we dont leave as husband and wife socially and physically. She more often that not dissuade my son whenever I want to spend time with him. She reprimand my son, sometimes even physically hurt him if my parents, those who leave in a spearte floor of the same house. What legal recourse may I take?

Raveena Kataria (Advocate )     09 September 2017

In my opinion, collect proof of her actions. If you witness her mistreating/beating your child, make a video of it discreetly. However before you think upon initiating any legal proceedings, I'd advise that you try and attempt to come to amicable terms with her, and discuss your future together. Calmly explain to her that you shall not simply stand by while she beats him, and that you have as much right over your child together as her to be spending time with him.
If she then resists or intentionally fails to hear your contentions, tell her of the proof you have and if she doesn't concede, you'll go straight to the police with it. Note, you have grounds available for divorce based on cruelty, as well.
Take charge of the situation, do not let anyone hurt your son and look after him as is your right and duty.

Kumar Doab (FIN)     10 August 2018

Generate irrefutable evidences.

These can be useful.

If you wish you may post what exactly is the reason for such corrosive conduct?

Is only one spouse responsible?

If possible crease all differences and let one and avoid display of a large ego and enjoy blissful married life.


Approach in person alongwith elders of your family, competent and experienced well wishers, seasoned PIP,  a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family/Guardianship/Civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and share inputs /show the documents/evidence for a considered opinion..

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Family/civil courts, HC, SC……

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