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lalit_shary
Jun 12, 2009, 03:48 AM
My brother was a victim of emotional abuse, physical abuse and mental cruelty, imposed on him by his own wife. His wife was in the habit of leaving house frequently. My brother has two Kids. My parents raised the first baby boy since his birth who is now 7 years old. She always neglected my brother and his kids and never bear the family responsibility. She left her matrimonial home in the year 2005 with the baby girl aged 1-½ years 0ld and returned back to my brother on her own in May 2007 after passing of two years period and started living separately.

In October, 2008 she left him again on some illogical demands when my brother was seriously ill and battling for life. My brother, in continuation to all these expired on 9th February, 09 and in spite of repeated telegrams, messages to all her relatives neither she nor any of her maternal/paternal relatives turned up even for my brother’s last rites. Since then she had been staying with her father in another State.

Now after passing of only four months period of his death she suddenly came to Delhi on 1st June, 2009 from Lucknow and abandoned the girl child too in the street in front of the house without handing over the custody of the child to any of the family member. This incident was immediately reported to the local police station they accepted the application but refused to registered an FIR.

Could you please advise me what action is to be taken in this regard for the safety and betterment of the Children?

These fatherless children were willfully abandoned and neglected by their own mother and my parents of 65 and 68 years age are taking care of these children. What action can be initiated against her for such inhuman acts?

In one of her mails she has informed that she is not interested to raise the children and asked to take the responsibility of these children?

We are helpless and police is not taking any action in this regard. Please advise the future course of action to be followed for the safety and betterment of these children.

stinawords
Jun 12, 2009, 08:21 AM
The police aren't doing anything because there isn't anything for them to do. They can't force her to be a mother. If your parents want custody they need to go to court and presesent their case (with a lawyer to make sure it all gets presented correctly). If the mother really dosen't want them then it should go off with out much problem. The problems only really start of the two sides disagree. However, if what you are after is revenge on her there really isn't much to be done. I'm not speaking ill of the dead and I'm sorry for your loss but your brother was a grown man and him taking her back rather than divorcing her when she left the first time was his decision and his alone. If you really are looking out for the best interest of the children you will advise your parents to file for custody ASAP so that the mother can not just come back at will to claim her children and have it happen over and over to them.

cdad
Jun 12, 2009, 12:24 PM
What country is this where everything is involved ?

ScottGem
Jun 12, 2009, 12:32 PM
I'm assuming, since you mentioned Delhi and Lucknow, that you are in India.

The best course of action now is to engage an attorney familiar with your local Family Laws.

I don't believe you can punish the mother by pursuing a criminal case against her. Your best best is to have someone in your brother's family be awarded custody or, maybe, adoipt them.