Legal Question in Family Law in India
Husband was cruel to wife for the last two years. They were married 10 years ago. The wife lodged a complaint with the police giving complete details of the harassment she was being subjected to by her husband. Later on, she was forced to withdraw the same. Unfortunately, while on way, both husband and wife met with an accident when they were hit by a car. As a result, though the husband suffered minor injuries, the wife received severe head injuries and later on died after about couple of days. They have two issues out of the wedlock (daughter about 10 years and son about 6 years). They were witnesses to their father's cruelty towards their mother during her lifetime. They are scared to stay with their father and want to live with their maternal grandparents now, with whom they lived daily since their birth. The maternal grandparents used to stay near their place. The husband never worked and was wholly dependent upon his deceased wife's salary. He is physically very fit. Now, it appears that he is eyeing for the post-death benefits of the deceased and turned so polite all of a sudden towards the kids. Sounds like a game plan.
Can the maternal grandparents get the custody of their grandchildren given the nature of the person their son in law is?
1 Answer from Attorneys
Maternal grandparents can apply for the guardianship of minor children stating all the facts. They can also move the court for administering properties held in minor's name. You may visit my website www.karvai.in to read more on custody and guardianship laws.
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