Legal Question in Family Law in India
I am a resident of New Delhi, Malviya Nagar and work in Gurgaon. I live here with my husband. My 1 year old daughter is currently residing in my home town in Jharkhand with my parents. After my maternity leave got over, I could not arrange for a regular full time help which is why my husband and I jointly decided to let our daughter stay with my parents. My parents are retired and hence are able to take proper care of my daughter. My in laws have refused to support in any way till date, however now they want to keep my daughter against my express wishes. My father in law, though a teacher by profession is used to substance abuse and is known to be a drunkard. I do not want my child to be subjected to such environment. My in laws have actually visited my parents and threatened to take legal action against them and forcefully take my daughter. As far as i can see, i feel the reason for the sudden interest in my child is to somehow use her as a means of additional income from us. My husband is a silent spectator in all this. Please help. What options do i have?
1 Answer from Attorneys
The child cannot be taken away from your parent's custody without your express consent. You may tell them not to permit entry of your in-laws in their house; and if they try to do any mischief, report the matter to local police. However, your hubband's cooperation may be required.