Legal Question in Family Law in India

My first Husband Dhiraj Jain, has expired in 2010 and in between us we have one Male child.Now he is 5yrs old.My father-in-law made me to remarry again.But i married 2 months back on 24th NOVEMBER 2012,in one condition that my son will be with me after my remarriage. With my consent i agreed to re marry.But immediately after my marriage they din't give my son back.When I went twice to ask my son they fought with me,abused me and din't let meet my child to see and talk.My first father-in-law taught my son wrong impression against me.

Now,my first mother-in-law 's physical condition in not good as she cant do her own work, neither she can walk properly and she is suffering from high diabetes.She has blurred vision also.My first father - in -law is still now busy with his business and unable to take out time to look out after my son.So, they both are unable to take proper care of child's routine life and schooling.

I,sheela jain, mother of my child, done my BCA,MBA in hyderabad.Now i m a housewife.My second husband,B.Com, is a well to do businessman, financially strong. We both have the physically and mental Capability to take care of my son.

before my re marriage my son was under my custody and i took care of him for last 5 years.

I request you to give suggestions regarding the following queries:

1) Though a MOTHER is alive, can a Grand father ask the custody of his grandson ?

2) My in-laws age is more than 60 years and the age diiference between my son and in-laws is more. And they are physically unfit, so can still they demand the custody of my child ?

3) My in-laws are surviving with two married daughters, still can they demand the custody of my child ?

I m eagerly waiting for your reply.

Thanking you,

Sheela jain


Asked on 2/07/13, 2:05 am

5 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

The answers to your questions are here in below for your perusal:-

1) YES but in a peculiar and different situations.

2) No but if they do , you can defend it properly.

3) You cant stop them to ask for your sons custody but you can fight /defend the same vigorously .................Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 2/07/13, 2:59 am
Sanjay Kalra Sanjay Kalra & Associates

I have answered ........Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 2/07/13, 2:59 am
Jayesh Desai Jayesh Desai

You being a natural guardian; you are entitled to custody.

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Answered on 2/07/13, 9:12 am


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