Men’s Day is approaching on Monday 19th November. While online shopping campaigns make the most of this commercialised day, barely anyone wants to get vocal about their rights, not just in India but globally as well.
Both parents – mother and father are the natural guardian of children. But the problems arise when the parents get separated or are undergoing a neverending legal tussle over the custody of their children.
One such case gets reported from Faridabad, NCR. Love Gogia, a government employee with BSNL, was arrested and charged with kidnapping his own son on 13th November. As per Love, Faridabad police accompanied by the lawyer of the estranged wife barged into his home on Tuesday night and arrested him without producing any warrant.
The case narrated by the alleged accused is due to certain scenarios that have occured in the past. The couple has been separated and the wife has filed cases of domestic violence and Section 498A on the husband. These cases are ongoing in the court. However, Love insists that there is no child custody case or order which has been directed by the court as yet and this makes him an equal parent in bringing up his own son.
Gogia also says that the son was with him until his wife came and took him away about 6-8 months ago this year. At that time, the father had complained to the police citing forceful custody by mother, however, there was no action taken then. As explained by Love, he kept sending gifts for his son while he was away, but they were all returned mentioning that the child did not live on that address.
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However, Love happened to visit his in-laws in Faridabad on 08th November, which is when he spotted his child was very much with the mother-in-law. He also alleged that his wife’s mother accused him of not being a responsible father and mocked him for not taking care of his own son. This is when Love returned home along with his son and as mentioned by him, his mother-in-law did not have any objection then.
After coming home with his son, he also sent a written communication to CP, Joint CP and SHO NIT Faridabad informing them that while his other cases are ongoing, his son is in his safe custody. Gogia was asked to come and present himself at the police station on Wednesday, 14th November which he had agreed, however, the police along with his wife’s lawyer landed up unannounced at his home on Tuesday night itself and arrested him.
As informed by one of the Men’s Rights Activists (MRA), Love was on call with one Child Custody activists from Pune when the police entered his home and caused commotion. The activist from Pune then alerted the local Save Indian Family Foundation (SIFF) teams in Delhi/NCR who then gathered at the police station next morning.
One of the MRAs informed khabarbar.com that Love was not present in the police station when they reached at about 9am on 14th November. They also witnessed him walking into the police station along with the in-charge. Love informed the MRA that he had been beaten and tortured all night. He also said that the wife’s lawyer too had physically harmed him and abused him and his family constantly.
But the SIFF team along with their lawyers were all present in the Faridabad court and presented and cited various judgements where a father cannot be charged with kidnapping of his own child. Ultimately the judge heard both sides and later dismissed the remand of keeping the father in custody. Love Gogia is free as of now and the custody of the son remains with him. He is also willing to abide by the court’s order if he is asked to produce the child for hearing.
The below video was shot after Love emerged as a free man.
The unanswered question remains.….Should fathers be looked upon as criminals just because of their ongoing divorce or any other domestic case petitions?
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