Legal Question in Family Law in India
we lodged F.I.R. against my husband & in-laws [seven members] on 14-10-2011 under the section 498/a,323 307 I.P.C. /3/4 D.P.Act.
nobody is still arrested.my child of two years is still with my husband. can the get bail ?how i'll get my child ?what we should do now as they r threatening us to back the case. police is also not taking any step.i m in u.p.
3 Answers from Attorneys
Since more than one month has passed and police has not taken any action, you can approach the Chief judicial Magistrate of the area concerned for taking action/steps under S.156(3) of Cr.P.C and the accused will be arrested.
The child custody is not linked with your action; therefore, if you are interested in the child, you may file separate proceedings for his custody under HM&G Act r.w. G&W Act.
Since you are in U.P. let me tell you that there is no provision for anticipatory bail in UP. They will have to surrender themselves in court and then apply for bail. Keep a watch on their movement for anticipatory bail through your lawyer and then oppose their surrender cum bail application. For clarifications feel free to contact the undersigned.
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