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) my 1st in-law can take Ex-parte injuction order from court?

2) Can the court grant the same withought my knwoledge or consent ?

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)My 1 st. in-laws can take Ex-parte injuction order from the court ?

2) can court grant him the said order withought my knowledge or consent?

ex-parte injuction order from the court ?


Asked on 2/08/13, 3:08 am

3 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

You are in a picquant situation in your life . Engage a good lawyer who would have many questions to ask you before giving any legal advice.Its a question of your sons custody.......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.

Read more
Answered on 2/11/13, 12:46 am
Jayesh Desai Jayesh Desai

1)My 1 st. in-laws can take ex-parte injunction order from the court ?

Injunction order can be ex-parte - you can file a Caveat if you have any such fear.

2) can court grant him the said order without my knowledge or consent?

ex-parte injunction order from the court ?

Court is not required to obtain consent of parties before passing any order.

Your matter is complex - you need to consult a local lawyer for proper advise.

Read more
Answered on 2/11/13, 2:20 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India