Home | Legal Advice | Criminal Law | How to take custody of my daughter from Nari Niketan?

How to take custody of my daughter from Nari Niketan?

Shivendra Pratap Singh

Advocate

02/02/2022/ 4:28:29 PM

Reading Time:

Question: My daughter has been living in Nari Niketan. She left our house and travelled to Agra by train. The RPF police Agra kept her in custody when she was wandering on the platform. Now the Railway Magistrate has sent her to Nari Niketan. How to take custody of my daughter from Nari Niketan? She is minor and of sound mind. Is there any procedure to bring her back home? The RPF has informed me that my daughter is living in the Nari Niketan Agra.

Question from: Madhya Pradesh

In this situation you should move an application to the Railway Magistrate and demand custody of your daughter from Nari Niketan. Currently, Nari Niketan is a legal custodian of your child because of the order of the Magistrate. Hence, you cannot move a habeas corpus writ petition before the High Court. 

Taking custody of daughter from Nari Niketan

The matter is under the territorial jurisdiction of Railway Magistrate, Agra. Therefore, you should move an application in the court of Railway Magistrate, Agra. You should produce the summon and submit her birth certificate or any other document to prove that she is your daughter. 

If you have lodged an FIR under Section 363 of the Indian Penal Code, for missing your child then you must produce its copy to the Magistrate. However, in absence of FIR the court may grant custody of your daughter.

In absence of evidentiary proof that she is your daughter the Court will not pass an order to transfer custody of the child from Nari Niketan. 

Read also: How to release wife from her parent’s custody

I think there is no dispute regarding custody. She is innocent, not connected with any crime, RPF personnel found her wandering on the platform, therefore, took her in custody. The facts of your case suggest that in the interest of justice her custody should be given to her parents. 

A balance has to be struck between the attachment and sentiments of the parties towards the minor children and the welfare of the minors which is of paramount importance.

R.V. Srinath Prasad vs. Nandamuri Jayakrishna, (2001) 4 SCC 71

If the Railway Magistrate refuses your application and retains her custody in the Nari Niketan, then you can move a writ petition to the High Court. In this condition, you have to file a habeas corpus writ. Such an order of Magistrate will render her custody illegal. Then you can approach the High Court for taking custody of your daughter from the Nari Neketan.

Read also: Action against illegal custody

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

Physical assault from my boyfriend

Question: Physical assault from my boyfriend. I went to the police station for an FIR but they refused to lodge. They said to approach the court and file the complaint. As I was afraid he could do the same to me, I left him and went to my place as we are living in a...

Withdraw criminal case in the absence of accused

Question: Is it possible to withdraw a criminal case in the absence of an accused? Hi Sir, My sister in law filed two cases against my brother which were 1. Warrant of Summons Criminal Case, IPC none 2. Criminal Misc. Cases, IPC. For one of them I've received court...

Search and arrest by police in a different state

Question: The police of Uttarakhand come to Uttar Pradesh, search and arrest a person under NDPS Act. Police of Uttarakhand become the complainant of the case. Can they really do so? Search and arrest by police in a different state is possible or not. Asked from:...

Can we prove our absence through the CRD?

Question: We are facing the false family matters cases at Jhansi courts. Can we prove our absence through the CRD? Can I get it from the court? Date of incidence on record is 23.06.2019 at Jhansi. But we weren't in Jhansi at that time. In Fact we were at our...

Can the court quash the FIR lodged under Section 468 IPC?

Question: Allegation made under 468 IPC. Now the parties have settled the matter. But the trial is proceeding. So can we quash the case? Can the court quash the FIR lodged under Section 468 IPC? Asked from: Uttar Pradesh Section 468 of Indian Penal Code is a non...

A guilty person can lodge an FIR

Question: I want to know if a guilty person can lodge an FIR? If I beat someone due to harassment or any other criminal activity and an FIR is lodged against me, can I still lodge an FIR against the person I have beaten for his activity? Asked from: West Bengal Guilty...

Can I lodge an FIR after ten years of incident?

Question: My boyfriend had raped me in my PG when I was studying in engineering college. Now I have joined a multinational company and am working in Bangalore. He has traced me and is now trying to establish a relationship. I am married and a mother of two childs. Can...

Whether prostitute’s customer commits offence

Question: Police is calling prostitute’s customer. The police said that it is an offence under Section 3/4/5/7 of the Immoral Traffic Prevention Act. I want to know whether prostitute’s customer commits offence if he had sex with her? Mrs X is doing some sort of...

Conviction in violation of Section 50 NDPS Act

Question: Please advise whether I have any remedy against the conviction in violation of Section 50 NDPS Act. On 2nd April 2018 Mr. Takunichi was on his way to Changlang from Itanagar travelling in a white Scorpio bearing registration No. XXXX. His friend Mr. Dikunima...

My wife has filed false FIR

Question: My wife has filed false FIR under Section 498A/406 IPC. Section 3 & D P Act, against me and my old aged ill widow mother. I am the only child and my wife and her parents are hell-bent to take divorce. She wants to remarry. Hence they told me they will...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54