Procedure to obtain child's custody by the father
11-Jan-2023 (In Child Custody Law)
498a,125 crpc going on against principal accused,now daughter is with her mother at another place.(1).If accused failour/can't pay the maintenance expenses which is decided by court to his wife & daughter,(a)he can meet with his daughter?(b)can he take his daughter custody to himself? (2)in 498a how many days accused can't take anticipatory bail ? 8th month complite but accused neither surrendered himself or don't take anticipatory bail,police can't do anything,now what can I do,please suggest.they're belongs to hindu
Respected Madam/ Sir.
I read your matter very carefully and I like to suggest you to file Constitutional Writ at High Court Calcutta.
And I also suggested you to file both criminal and civil case mostly motion.
I read your matter very carefully and I like to suggest you to file Constitutional Writ at High Court Calcutta.
And I also suggested you to file both criminal and civil case mostly motion.
When an accused is believing that he may be arrested for committing a non bailable offense then he may apply for anticipatory bail before the High Court or Court of Sessions so there is no time limit for taking anticipatory bail. If the police is helpless in arresting the accused then you file a Police in action case before the High Court for necessary directions.
Thanks.
Thanks.
Payment of Maintenance to the Wife and Daughter and Taking custody of daughter are two different issues. Both issues are settled under two seperate procedings and most probably in two different Court.
There is no heard and fast rule regarding the how many days accused can't take anticipatory Bail. Accused can take Anticipatory Bail immediate after lodging FIR or after submitting Charge Sheet. It depends upon the allegations and gravity of the Case. On the Cinema you can see, immediate after lodging the FIR Police Van came and accused go to the Jail. But my friend, present situation is fully different. Each Day if you roughly calculate 10 FIR will lodged before a Police Station then mathematically there will be at least 10 Accused X 30 days = 300 Accused in a month. And in 8 Month there will be 2400 Accused. In a police Station there is one I/C, at least 5 other officials, 10 lower Officer etc., How they caught such numbers of Accused. Also remember that there will be Minister's Duty, VIP Duties etc. etc. So, Realise it. and Think properly what will be the better for your said friend/family member.
There is no heard and fast rule regarding the how many days accused can't take anticipatory Bail. Accused can take Anticipatory Bail immediate after lodging FIR or after submitting Charge Sheet. It depends upon the allegations and gravity of the Case. On the Cinema you can see, immediate after lodging the FIR Police Van came and accused go to the Jail. But my friend, present situation is fully different. Each Day if you roughly calculate 10 FIR will lodged before a Police Station then mathematically there will be at least 10 Accused X 30 days = 300 Accused in a month. And in 8 Month there will be 2400 Accused. In a police Station there is one I/C, at least 5 other officials, 10 lower Officer etc., How they caught such numbers of Accused. Also remember that there will be Minister's Duty, VIP Duties etc. etc. So, Realise it. and Think properly what will be the better for your said friend/family member.
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