187+ Lawyers are online 
How to get legal custody of my biological will I face legal trouble
16-Sep-2023 (In Child Custody Law)
I am unmarried father,my biological son is 5 yrs old and I want legal custody of my child.as well as I also want to know that does she can lodge F.I.R. against me for rape?
Anybody can lodge F.I.R. against any person because a F.I.R. is only an information report on the basis of which action is taken against the accused. But it is important to note that F.I.R. is not the evidence of its contents and it is upon the prosecution to prove the facts and allegations stated in F.I.R.
Delay in filing of F.I.R. is also seen with suspicion and it is upon the complainant to satisfy as to reason for delay in filing F.I.R. As far as your case is concerned, there has been a delay of around 6 years in reporting the alleged incident. If she lodges any F.I.R. accusing you for rape then the burden will be upon her to satisfy is to reason for delay in lodging the F.I.R. Thereafter, it depends upon the evidence that she has in favour of her case.
As far as custody of the child is concerned, you don’t have any strong ground for claiming the custody of the child after a span of five years from the birth of the child. It is not advisable to file any petition for claiming custody of the child.
Delay in filing of F.I.R. is also seen with suspicion and it is upon the complainant to satisfy as to reason for delay in filing F.I.R. As far as your case is concerned, there has been a delay of around 6 years in reporting the alleged incident. If she lodges any F.I.R. accusing you for rape then the burden will be upon her to satisfy is to reason for delay in lodging the F.I.R. Thereafter, it depends upon the evidence that she has in favour of her case.
As far as custody of the child is concerned, you don’t have any strong ground for claiming the custody of the child after a span of five years from the birth of the child. It is not advisable to file any petition for claiming custody of the child.
Helpful?
23+
23+
Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Child Custody lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
