Legal Question in Family Law in India
Looking after an infant
My sister is married for 3 years having a son aged 06 months. Her in-laws do not take care of the child as my sis works in a company and she does not get sufficient time to do so. Her in-laws even do not take the child to doctor when it was very ill hence my parents advised her to bring the child to our home for proper care. Now her in-laws are trying to take the child and not my sister to their home. I would like to know the rule for possessing the child by the mother i,e my sister
7 Answers from Attorneys
Re: Looking after an infant
your sister will have the custody of the child over her inlaws
Re: Looking after an infant
Your sister can of course take custody of the child through a court order.
Re: Looking after an infant
she is the natural guardian. she should make adequate arrangements, including admitting the child in a day care center, to take care of her son. she can approach the court of law for appropriate orders.
Re: Looking after an infant
Presuming that the child and the mother are in India, and they are Hindu by religion, the mother would be entitled to custody of the child.
Re: Looking after an infant
try to resolve the issue otherwise your sister can take the custody through courts of law.
Re: Looking after an infant
your facts are incomplete.your sister is the natural guardian of the child and have full right over the child and his custody over and above her in-laws.
Re: Looking after an infant
Your sister is the mother and natural guardian of the child and when her in-laws are not looking her child properly therefore your sister has every right to bring back the child through the court under the circumstances which you have mentioned in the query. Court will certainly while considering the welfare of the child will order in-laws to give cusdoty of the child to your sister.