Stroke Caretaker (Cannot Disclose) 29 September 2016

Custody of us born child whose mother is paralysed

My name is Bhavna kumari

1. I would like to know that my sister who is a mother delivered in US suffered multiple brain strokes at that time and became completely paralyzed with the loss of speech. Both mother and child (US born) came to India 5 years back and have been staying seperately so that they can be take care easily. Mother was staying with her parents and child was staying with grandparents. Father left for US 5 years back and never returned back. Now, the mother is still disabled. Can disabled mother and her parents get the custody of child.?The child visits the mother every 15 days on weekends.

2. As the child has been staying with grandparents for 5 years now and is going to school, is it assumed that the guardianship will be given to the grandmother and in turn husband. Both mother and child are in mumbai and husband has never returned from US till now from past 5 years to see either of them.

3. We have not started divorce and child custody procedure but will be starting soon.

Thanks

Bhavna

Reply Follow

5 Replies

whatnot 29 September 2016

Don't.

saravanan s (legal advisor) 29 September 2016

If the child is over five years of age the child's wish either to join the mother or his grandparents will be taken into account by the court and would be decided accordingly

(Guest)

There is no straight formula for deciding child custody. It is decided by courts keeping the welfare of the child as the most important criterion. Especially in a case as delicate as this (mother paralyzed, father never returned), courts take ut most caution in determining under whose care will the child grow best. Child's wishes are given consideration, but at the tender age of 5, it is not given a lot of weight.

Stroke Caretaker (Cannot Disclose) 30 September 2016

One more fact needs to be considered is that although the father is in US but it is likely there would be a criminal case aganist him due to:-

1. Before the child was born in US , mother was working full time in US whereas father was studying in US hence working part time. Due to this, mother had enough savings and she brought the house , car and everything in US.

2. At the time of delivery, father requested mother's parents to give power of attorney to him so that he can take care of house and everything in US..This was the biggest mistake.

3. He used up all her savings including the final amount she got from her employer in US and havn't even disclosed any bank details of her till now with us.

4. So, the suggestions from the lawyers in US is to cancel the power of attorney and get the house, investments everything back from him. This would involve filing a case aganist him in US.

5. There would also be a dowry case aganist inlaws here as the mother when paralysed kept the gold, jwellery everyhting with her and havn't returned back.

With all the above background, is there a still likelihood that child will still be given to father/grandparents.

Thanks

Bhavna

(Guest)

The case in U.S seems very weak. Wife giving POA to husband and husband misusing it is not at all a crime. Even if she takes back, he won't have to give back all the things he spent on her behalf. It would only be a civil case, not criminal and in any case, will have absolutely no bearing in India.

Also, its not a dowry case to keep stridhan items. If they return all the items or if it is not proven, that the case won't have any impact. And even if it does, it cannot be used to get child custody because dowry related cases are extremely common and usually misused. They will have no bearing or effect on child custody.

In fact, if court sees that cases are being filed on father to put him in trouble, sympathy might lean more toward father and also prove mental instability of maternal grandparents and their cruelty, leading to losing custody case.