child custody child custody

3 years ago

My husband asked me to leave the house forcefully without my kids (7.5 yrs and 5.5 yrs). i had to leave yesterday as he was violent. My kids wanted to come along with me but he did not allow them. Let me know what i can do in this situation to get my kids

Kishan Dutt Kalaskar

Responded 3 years ago

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A.You may approach the following authority of your State.

CHILD RIGHTS COMMISSION ACT
http://www.kscpcr.com/eng_ver/actsandrules.php

The Karnataka State Commission for Protection of Child Rights (KSCPCR)
4TH FLOOR, KRISHI BHAVAN, RANI CHENAMMA CIRCLE
NRUPATHUNGA ROAD, BANGALORE-

Such Commissions are situated in Every State
.==============
Bombay High Court
Forum For Fairness In Education An ... vs Union Of India And 2 Ors on 2 May,
Bench: A.S. Oka

IN THE HIGH COURT OF JUDICATURE AT BOMBAY


ORDINARY ORIGINAL CIVIL JURISDICTION

PUBLIC INTEREST LITIGATION NO. 84 OF 2013


Forum for Fairness in Education An NGO,

Vs


Union of India and Others. .. Respondents
-
5 Before we deal with the constitution of a State Commission, it will be necessary to make a reference to the functions and powers of the State Commission. Section 24 provides that the provisions of Sub-section (1) of Sections 13 and Sections 14 and 15 which are applicable to the National Commission are also applicable to a State Commission. Sub-section (1) of Section 13 of the said Act reads thus:

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Shreesh Chadha

Responded 3 years ago

A.File Police Complaint, also file complaint under DV Act. You can also file for divorce and thereafter get custody on the grounds of violence of father. Police Complaint would strengthen your case in divorce and custody stage.

Reason is that if you do get your children, you should also get financial support so the above has to be supplemented by maintenance proceedings.
We handle cases like yours on a daily basis, and it is strongly advised that you do the needful at the earliest, to maintain the genuine nature of your case.

Regards
Adv Shreesh Chadha
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