Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

srinivas (Accountant)     26 August 2009

what is feature of 2 years baby

Dear Sirs,

I am Srinivasrao

recently My sister was killed by his husband, working in Indian Army

During marriage we have given Rs. 2 lakh cash & 10 soverin of Gold and other house hold items.

They have 2 years tiny child

My sister was killed on dt.23.07.2009 at Matrimonial house.

What is the feature of 2 years baby,

Who will take care of baby.

How to take action against Army man?

Kindly advice.

Thanking You,



 11 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005     26 August 2009

FIR can be register even against a army man if the act is done during his civil life.

You can also approach to the military court to expel that person.

You can get the custody of the child.



Kindly tell where the murder occured?

Taking custody of the child, you have to move the court.

srinivas (Accountant)     28 August 2009

Dear Sir,

We belongs to Samalkot,East Godavari Dist (AP)

but settled in chennai 35 years ago.

The Incident was occured at Samalkot, EG dt.








You or one of your family members must have filed a complaint in Police Station, Samalkot.  Otherwise, you should file it immediately telling all the facts.  On the basis of this complaint FIR will be registered and criminal justice machinery will start to move.  As it has to run properly, you should engage an advocate of Samalkot or EG District so that he will see that the A.P.P./P.P conduct the case sincerely and honestly.

If the murder took place within 7 years of marriage, the S.D.M. of the area has to investigate the case even without receiving any complaint to satisfy whether the death is murder or suicidal or accidental.  If he comes to the opinion that it is a murder case, he has to place such report before the area magistrate.

I addition to this, you also file a complaint before the Army authority, where husband is living.  followup regularly so that he wil be terminated from the serv ice.

Regarding the custody of 2 year child, you have to file custody application under Minority and /Guardian ship Act, 1956, and the court will decide taking into consideration of the welfare of child as paramount.  Whether the case lies in Chennai or Samalkot, can be decided on the basis of the facts.

1 Like

Deekshitulu.V.S.R (B.Sc, B.L)     30 August 2009

Mr Srinivas

I belong to Tanuku in W.G.Dt, which is close to Samlkota. I may advise you to file a complaint before the concerned authority, alleging all facts and figures. Immediately the samewill be taken up for enquiry and the FIR will be registered. It will be followed up by investigationby the police. Then you haave to approach the concerned the Ad.P.P./P.P for his assitance and help. You duty is only to file a proper complaint, the rest will be done by the policec since the death is within seven years of marriage.

Regarding the child, in fact the father is the natural guardian, Since the child is with you, the father has to approach the court to give ustoday of the child to him under the Guardians and Wards Act. Then you can fight out the case and seek custody with you. Mean while you calim maintenance

Also give a complaint to the police that the husband is threatening to kidnap the boy from your custody.


1 Like


I agree with Mr. Diksh*tulu.  I would like to further add that Mr. Diksh*tulu is active member of this club and you can rely on him.

srinivas (Accountant)     01 September 2009

Dear Sir,

Thanking You for your valuable reply


srinivas (Accountant)     10 September 2009

Dear Sirs,

The accused was giving missed calls on our mobiles  and also called on my father mobile at 10.45 PM on 09.09.2009 and asked about his daughter.

Now, what we have to do? 

Suppose he suddenly came to chennai, shall we call local police and handover him to police?

or we can give any compliant against him?

Kindly advice?

Thanking You,



Hemant Agarwal ( Mumbai : 9820174108)     10 September 2009

"srinivas" :
In your initial post WHICH IS DATED "26-08-2009", you mention the following :

quote -
"My sister was killed on dt.23.07.2009 at Matrimonial house"

1.  Personally I find this very very fishy. You make a post after 43 days about the  "MURDER" of your  sister and further you do not mention whether that the Husband (armyman) was arrested by the local police for the alleged murder.

When you already have custody of the child, how come you have not already complained to the Samalkot police about your sisters murder and why did the local samalkot police not arrest the husband.  YOU SEE, it is over 2.5 months, since the murder and you are only mentioning this on a free public forum.

2. You state the following :
quote -
During marriage we have given Rs. 2 lakh cash & 10 soverin of Gold and other house hold items.

You should be aware that  the above comes within the parameter of  "Dowry Giving", which in itself is a violation of law, besides being a crime.
If you have given "Dowry", then you too will be prosecuted for "Giving Dowry".

3.  You state that the 2 year old child is with you.
You have not stated as to how you came to be in custody of the Child.  More specially so when you further state that you stay in  "Chennai"  and the "Murder" took place in "Samalkot A.P." which is well over 1000 km away.

Your case is totally false and a lie.
You are just simply trying to malign the image of the armyman.
You are seeking revenge againt the armyman due to some emotional distrubances.

If you are wrong and doing this on purpose, Kindly refrain  from doing this nuisance, since you too would fall into lots and lots of trouble in the courts.

Keep Smiling .... Hemant Agarwal


srinivas (Accountant)     10 September 2009

Dear Sirs,

I am giving case full details for your study & advice

I am Srinivasrao from Chennai. native of Samalkot, AP
But we came to chennai 35 years back and settled in chennai.
We given our sister to Mr.Siva Kumar, working in Indian Army, during marriage we have given Rs. 2 lakh cash & 10 soverin of Gold and other house hold items.
Marrige was held on dt.30.07.2006 at Samalkot.
First 6 months they lived happy married life,
They have 2 years tiny child born on dt.6.5.2007
after that Mr.Siva kumar started to showing his colour, started harresing my sister for more dowry & Bike.

My sister was sent out from Matrimonial home on 1 week of July 2008,
after six months ie. on  28.01.2009 mr.Siva Kumar came to Chennai along with his mother, his sister, Brother-in-law, two village heads and given affidavit in writtren  saying that comfortable life for my sister.
beliving their workds we have sent our sister along with the family members of Mr.Siva Kumar to Samalkot.

on 2.2.2009 my sister taken to Meerut, UP, where Army Quaters was alloted to Mr.Sivakumar.
In June 2009 they came to Samalkot for attending his yonger brother's engagement.

On 2.7.2009 again my sister was sent to Chennai for motor bike & more dowry, but we said bike will we arranged soon.
My sister went to Matrimonial house at Samalkot on dt.8.7.2009 from Chennai.

within 14 days, it is unbelivable we have recieved a call from his brother said that my  sister was dead by consuming pesicide posion.
We immediately proceed to Samalkot.
Incident was occured on 22.07.2009 mid night, but admited in Govt hopital at 5.00AM on 23.07.2009 dead at 5.15 AM at Govt Hospital , Kakinada.

The FIR has been filled under 304B, 498A of IPC against Mr,Siva Kumar, His mother, his brother.
All sent to Judical custody, but within 10 days A2 & A3 came on Bail.
A1 is still on Jail.

CI of samalot Police station, East Godavari Dist, handed over 2 year baby to my mother.

It is surprise that in FIR, no where it is mentioned that he is working in Army
But we have mentioned in our complaint he is working in Indian Army.

On our Enquiry it is revealed that on 22.07.2009, evening my sister was beaten on road,
three of his friends were went to Sivakumar house in Drunken state in the evening,

My sister dress is filled with complete Blood marks.( on the bottom of chudidar)
Post mortem Report was received from Kakinada Govt Hospital, no visible injury's mentioned in Report. but cause of death was not mentioned.
Still RFSL, Vijayawada Report is awaited.

We have already written letters to concerend Army officers on dt.13.08.2009, but there is no response.

Kidly advice,
We want to Transfer the case from AP to Chennai, TN because we wont get justice in Kakinada AP, bacause they have local political power in that area
My Parents are age old.
It is not possible to go to Kakinade for hearing.

Please advice what do , what is feature of 2 years baby now she was with us.
How Prove 304B &  498A of IPC Please help us to punish the 3 accused.
Thanking You,



Dear Seenu,

I wanted to reply to your querry earlier.  But due to problems with internet connection, I could not reply.

Transferring the case from A.P. to T.N., the power lies in Supreme Court and you have to file a case before S.C. and S.C. is hesitant to tranfer criminal cases (generally matrimonial cases will be transferred).  Hence, it is difficult for you to get the case transferred to T.N.  Moreover, it is not necessary in this case.  Your parents and perhaps you may also be the prosecution witnesses in this case.  Hence, you people have to go only at the time of giving your deposition in witness box.  That would be once or twice.  Coming to the political influence the accused yield, I totally agree with you.  If sister was beaten on public street and murdered mericilessly within few hours of the incident, I can understand your trauma and doubt about prosecution winning the case.  The best solution is to find out a very good and sincere and "HONEST" advocate and engage him to assist the court.  His role will be limited due to the procedure laid down in Criminal Procedure Code and the main responsiblity is with the Public Prosecutor/ Asstt. Public Prosecutor.  At least your advocate can watch the proceedings closely and if there is any deficiency in the prosecution case, he can bring the attention of the court towards those lacunae.   And finally if you engage your advocate and accused are acquitted in the trial court, you will have a good revision case before the High Court.  To take the custody of the child, he has to take the assistance of court and you can contest the custody case.  If he tries to come to Chennai and forciably take the child, you can take the police assistance.  (As a matter of fact, it is quite natural those money minded people will never bother of having a custody of a child.

Do not take Mr. Hemant Agarwal's comments very seriously.  These are the questions your advocate faces at the time of trial and he can successfully reply those questions.

Finally, I wish you succed in your attempts.   

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Recent Topics

View More

Related Threads