Custody after death of custodian father

Shk (Querist) 02 January 2018 This query is : Resolved
Hi,

My husband expired. He was having my 8 years son custody.

Now the matter has dismissed in the court.

My son is now with his grandparents. They are not allowing me to meet my son.

Please do suggest how can I take my son custody back from them.

Waiting for your reply.

Please help need all your guidance.

Thanx

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Vijay Raj Mahajan (Expert) 02 January 2018
Biological mother is the natural guardian of the child and if the custody of the child after the death of her husband is kept by the parents of the deceased husband, the mother can file petition under the Guardians & Wards Act 1890 for claiming the custody of the minor son being the only surviving natural guardian of the minor.
I will no recommend filling police complaint or Writ of Habeas Corpus for claiming the custody of the child from the grandparents as that will further spoil their relationship.

Sankaranarayanan (Expert) 02 January 2018
Well advised by Mr Mahajan , You have legitimate right to it, approach local lawyer and file as suggested my him

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