Legal Question in Family Law in India

my brother in law hastaken away the child from my sister who is staying with us i.e. me and her parents and has seperated from him. He took the child in the presence of the police. We are advised we cannot file a legal complaint against him as he being the father is a legal guardian of the child and the criminal complaint of abduction is not maintainable. Now we have to seek the custody of the child through court, am i right? If we file a petition for the child's custody, would we immediately get a decree/judgmenet from the court or will it take very long? It;s coz my sister is greatly distressed without the infant child. pl advise at the earliest.

Asked on 1/23/10, 6:01 am

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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In an appropriate the court may also grant INTERIM custody to the mother immediately, of course depending upon facts and circumstances of the case.

You may make an effort by filing application in the local courts. Good Luck!

Answered on 1/24/10, 8:18 am

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