Legal Question in Family Law in India

Child custody

my Wife died during child birth but my father in law's family not allowing me to take the baby.

They says they will file case against my self and my family under dowry case.

What i supposed to do,I want my kid back at any cost?

Even i have helped them financially


Asked on 3/21/08, 12:18 am

7 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Child custody

Collect all records regarding the death of your wife giving birth to child and then file for custody of child. As far the threats are involved they may not have any legal stand in the eye of law.

In case of need please contact personally.

Professional charges are applicable.

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Answered on 3/25/08, 3:40 am

Re: Child custody

No case of dowry is made out.You are the natural guardian of child and have every right to have his custody,so assert your right and if necessity arise the file the case of custody.Donot scummed to the threat of your in-laws.

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Answered on 3/21/08, 5:44 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Child custody

File a suit for child custody as you are entitled to custody as the natural guardian.

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Answered on 3/23/08, 6:02 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Child custody

Your are entitled to the custody of your child; they cannot stop it; and they have no right;

if you have all the documents about her delivery etc and the death has been certified to be during the process of child-birth; the proposed case against you may not be maintainable at all. do not worry; you should fight for your rights.

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Answered on 3/21/08, 1:18 am
Vivek Mapara Vivek N. Mapara

Re: Child custody

You are the natural guardian of the child, you have right to get the custody of child. SO you can file petition for getting back the custody of your child. You should first try petition in High Court of your state under writ of heabous corpus. That might give u easy relief

Feel free to contact

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Answered on 3/21/08, 1:32 am
Nandita Haldipur Haldipur Associates

Re: Child custody

you can file for custody of child. if you have all records regarding death of your wife in child birth their threat of filing case for dowry harassmetn may not stand

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Answered on 3/21/08, 2:00 am
Nandita Haldipur Haldipur Associates

Re: Child custody

you can file for custody of child. if you have all records regarding death of your wife in child birth their threat of filing case for dowry harassmetn may not stand

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Answered on 3/21/08, 2:00 am


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