Legal Question in Family Law in India
child custody
i had daughter of 4 yrs old,currently stays with her mother's parents .
1.i had lost my wife 7 months back.
2.her parents taken her to there house for delivery before my daughters birth.
3.Due to her parents wish she stayed with them for 3 yrs.
4.Before her death she had come to my house through Mahila Daxta Samiti.
5.Before her death i had droped her to parents through Mahila Daxta Samiti for Rakshabandhan Festival on her parents request.
6.She died there only due to dengue fever at her parents house.
7.i want now my daughter back.
8.her parents and brother don't want to send her back to me.
9.she stays with her grand parents ,they are dependent on there son.who don't stays with them.Both the grandparents are above 67 yrs.
10.i stay alone in mumbai,but i can afford maid servent to take care of my daughter.Also i am planing to re marry.
pl.suggest me how can i take my daughter back.
7 Answers from Attorneys
Re: child custody
You are entitled to seek custody of your daughter under the Guardian and Wards Act by filing a case in the Principal Civil Court of your area.
Re: child custody
Father being the natural guardian have first right before others over the children. So you can ask for custody of your child thru the court.
Re: child custody
If you are not allowed to meet your childrens then it is a breach of your constitutional right and no one has got right to do so.
You can file a police complaint or file a kidnapping case against the person.
You may file a case of child custody but you should be in a strong position to explain the court of law for the sepration period.
In case of need please contact personally alongwith the details.
Professional charges are applicable.
Re: child custody
If you are not allowed to meet your childrens then it is a breach of your constitutional right and no one has got right to do so.
You can file a police complaint or file a kidnapping case against the person.
You may file a case of child custody but you should be in a strong position to explain the court of law for the sepration period.
In case of need please contact personally alongwith the details.
Professional charges are applicable.
Re: child custody
If you are not allowed to meet your childrens then it is a breach of your constitutional right and no one has got right to do so.
You can file a police complaint or file a kidnapping case against the person.
You may file a case of child custody but you should be in a strong position to explain the court of law for the sepration period.
In case of need please contact personally alongwith the details.
Professional charges are applicable.
Re: child custody
If you are not allowed to meet your childrens then it is a breach of your constitutional right and no one has got right to do so.
You can file a police complaint or file a kidnapping case against the person.
You may file a case of child custody but you should be in a strong position to explain the court of law for the sepration period.
In case of need please contact personally alongwith the details.
Professional charges are applicable.
Re: child custody
Parent(s) have a constitutional rights over there children. No one can challenge them. You can file a complaint with local police station. And if you want to make it more forceful, file a complaint for kidnapping of a minor girl.
You can also file a case for child custody. But make sure you are in a position to explain court that why your wife stayed with her parents for 3 years.
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