Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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skumar (abc)     11 August 2019

Wife was giving slow poisoning (child custody & 13(b)hma)

Dear Friends Namaskar,

          I try to be as short as possible.

         I got married last year in July. After marriage i came to know about extra-marital relationship of my wife from her phone recordings. Then we did a written agreement with her and her parents on stamp paper in which they agreed the extra-marital relations and promised that in future she will not contact other man. At that time she was 2 months pregnant from my side, so i had no other way then to accept her on the basis of this written surety given by her and her parents. They also accepted in this agreement that if we want we can get the DNA test of the expected child done. After all this she felt Sorry in the meeting and we accepted her.

        Her behaviour was suspicious in the home as she did not used to talk and mix up much. Both my parents are old and suffering from various Chronic diseases and take 10-15 various medicines daily. I work out of station and visit home weekends. During her 7th month pregnancy, as per our family tradition I dropped her to her parents home for delivery of 1st child there. Before that during night I found some mercury tablets in her luggage.

     Later on we came to know that she was giving mercury tablets to my parents in tea/mild/curd. Their Medical test prooved it. My mother wa admitted in the Govt hospital and an MLC case was made. But luckily that mercury had not affected much and was secreted out through urine in 2-3 months.

          A male child was born in April 2019.

      The attitude of Police was very poor and even after meeting SHO and SSP FIR was not registered, case was forwarded to women cell. They did nothing and advised to get the matter sorted out mutually. Due to my parents and mine worsening health issues and Tension in the family we have decided to sit and do a "Panchayati agreement" in the presence of relatives and then file for divorce u/s 13(B) of HMA. The meeting will held next week.

            As she will try to re-marry and for that she will give child to me, although I am not mentally prepared to take the child because, child is very small and it will be very difficult for child to live without his mother, (But still, When i will get child during the 2nd motion of Divorce, then the child will be around of 1.5 years keeping in veiw our date of separation divorce petition will be filed next year in Feb 2020 and 6 months of time gap that court gives during divorce). I have never seen or met child. Below are the specific conditions regarding the child that i want to put to other party :

1) Although he is my child but to make it sure I want to get his DNA test done and other blood examinations to check that he may not be suffering from any serious disease by birth (due to which they want to get rid off from the child). This i will do before doing written "Pnachayati agreement". If the reports are OK and DNA test prooves that he is my child and is mentaly sound then i will accept the child.

2) She will provide me child's orginal Birth certificate, original medical record other necessary belongings during 2nd motion of divorce proceedings.

3)That the Girl/mother will make arrangements and will cooperate in all possible ways in bringing the minor child to meet with the Boy/father on the date, time and place decided mutually, at least twice a month until the custody of the child is handed over to the first party so that the minor child should become familiar and comfortable with the first party and his parents.

My Question is : What other Specific points should i keep in mind before deciding to take the Child?

Kind Help ....

Regards sad




 4 Replies

Isaac   11 August 2019

You should get divorce through court of law. mere agreement/panchayat is not suffice.No problem in taking care of the child by you.

Shashi Dhara   11 August 2019

As u r natural gaurdian u take custody of child in court.u have to know even u takes custody of child she may claim again him within seven yrs child completes.if she remarried then right ceases then u will be safe with child.

Nikita   11 August 2019

You may file for the divorce and apply for the custody of the child. Asking for a DNA test is reasonable, however requesting for a chronic disease test may not be.

skumar (abc)     20 August 2019

Thanks a lot for advise


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