Legal Question in Family Law in India
Hi, I am a Indian Christian lady residing in Canada. I was married to a Canadian Indian in India and we have twin girls. We have been living seperately for the past 6 years and am currently trying to get a divorce. My girls have resided with my parents in India since they were 4months old. They are 8 yrs old now. My children are Canadian. Can my parents in India request for custody of the children and will they be granted it?
4 Answers from Attorneys
in case your daughters are staying with your parents since they were four months old, it is evident that the welfare of the children lies with their maternal grand parents. your parents have a strong case to get guardianship.
What is the stand of the father with regard to your children ? You seem to have a good case in India but the only hitch which i could see is that your twins are Canadian Citizen and not Indian . Indian courts may not have jurisdiction to grant guardianship to your parents on various grounds. Please clarify the fathers stands as mentioned above.
They may not granted, since natural guardians were available
Kindly check the Canadian laws regarding guardianship of children. If the parents are not able to bring up the children in some countries the government concerned will take charge over the children and send them to the childrens welfare authorities concerned in their state and ask them to take care of the children till they attain majority. So before taking any decision verify the laws of your land and then decide.