Dear Sir/Madam, On 2nd Feb 2019 I have ben to udhna Magdalla Police choki, Surat Gujarat to give my Nivedan of complain done by my wife. I have done case of child custody in Surat Family court case number 144/2017. Judge has given vorbally permission of child visiting stating that she will not tolerate if child mother will not allow to meet father on 25th Sep 2018. I went to meet my son on 20th Dec 2018 and they didnt allow me to meet my son. For the same my wife has given wrong complain to Udhna Magdalla Police Choki, Surat Gujarat stating that I have not got any permission from the court and I made hungama at her house. In Police Choki Mr Yogesh Singh started threatening me. I said that without concerned of my advocate I will not give any answer to complain of my wife so let me call my advocate. He further said that he will pick me from my house then I said I am not the criminal and My wife doesnt have any court order vorbally or in written about child to not to allow to meet his father. Then how can she file false complain and harrase me. Whereas Child wants to meet the father and child has given said that his mother is doing mindwash and teaching him to forget his father. When I took phone to call my advocate Police Mr Yogesh Singh has started bitting without any reason and started using abusive language. I have full doubt that Mr Yoges Singh has taken money from my wife to bit me or kill me as she has also threaten me to break my legs for which I have phone recording.... Kindly do the needful as police as women both are taking law in their hands and they are not obeying court. Number of Police is [deleted]. Voice : [deleted] For Hemir Enterprise Hemir Desai (Proprietor)
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Lawyers are available now to answer your questions.
File a petition before Gujarat high court to register FIR against the police inspector who beaten you and further your wife who along with him harrased you.
Further plead before the family court to pass an order to allow you to visit your child when there is written order they have to follow same.
file police complaint of criminal intimidation against yogesh singh under section 506 of IPC
2) if local police refuse to lodge FIR complain to commissioner of police against refusal of police to lodge FIR
3) on next hearing of your custody case draw attention of court to wife refusal to permit you to meet your child and her filing false cases
The custodial parent will be the primary caretaker responsible for the emotional, medical and educational needs of the child and the non-custodial parent who does not lose the rights over the child will have the right of access.
You can file a petition in same court for custody of child or for visitation rights.
1) You can make complaint to DSP under who that police officer is working and one copy to Police commissioner office.
2) And provide all court order for visitation of child.
3) Plus for contempt of court order against both.
Hello,
File a complaint with the SP of the city with regards to the action of the said police officer. If the SP office does not take any action then in that case approach the HC for lodging a complaint against police officers acting illegally during the duty.
Regardds
For venting out your grievances against the violent and corrupted police you may have to appraoch the higher police officer i.e., the commissioner of police with a complaint against the mischievous police man.
If there is no action or respite to this complaint you may approach the state human rights commission against the said police for his acts of violation of human rights seeking proper legal action for his atrocious acts.
Besides you may approach the same court which granted you permission to visit your child with an application narrating the entire episode seeking its intervention and for orders to have visitation rights to visit your child.
File for custody of your child and get the same. If you don't want custody file for visitation rights
1. Police taking money is common.
2. Your remedies are before the court, not police. File a petition under the Guardians and Wards Act to seek the custody of the child. The least you will get is visitation rights.
3. We cannot do the needful, only you can. Engage a lawyer and get going.
Immediately file a criminal complaint against the police officer and file an application before the Family court under section 12 of Guardian And wards Act for interim custody/visitation rights and get an order from the court, the court have power to direct her that she will come before the court with the child and in the court premises you may meet the child or take your child as per order of the court.
in case of her non compliance you may file a contempt petition against her before family court.
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