Legal Question in Family Law in India

I got married in June 2011, within six months of marriage my wife was diagnosed with multiple brain tumors. She was also carrying when she was diagnosed with brain tumor. She was admitted to the hospital in Feb 2012 and treated by a neurosurgeon for brain tumor. During the treatment process she also delivered a healthy baby boy in March 2012. However, my wife�s treatment did not go well and she slipped into a vegetative state in June 2012, She still remains in this state even today, with minimal level of consciousness, without any motoring function and ability to speak. She is bedridden for more than a year. My relationship with in-laws started to sour when they refused to give the custody of my child and wife. I have tried various means through friends, relatives to take the custody of my son and wife, which yielded no results. I am planning to seek the custody of my son and wife through legal means, I have following questions
1. Can I seek the custody of my son and wife through HCP (Habeas Corpus Petition)?
2. Though I feel I have all the right to get the custody, what are my chances to get the custody of both under HCP?
3. How long this process will take? Are there any other things I should be careful about, esp. in a scenario where my in-laws are not willing to give the custody of my son.
Note: I am from southern part of Tamil Nadu, planning to file a case in High Court (Madurai Division)
Any thoughts you could provide will help me to get the custody of my son and wife will be greatly appreciated.

Asked on 8/16/13, 10:08 pm

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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0 attorneys agreed

1. Yes.

2. Try your luck.

3. Have faith in God.

Go ahead with full faith in the Almighty.

Answered on 8/17/13, 8:08 am

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