Child custody

Querist : Anonymous (Querist) 26 October 2022 This query is : Resolved
Dear sirs/Madam,
on 2016 feb i got married as per the hindu rituals, on may 2017 we blessed with the boy child, we were happy family ( no divorce, no separation, no misunderstanding), unfortunately my wife passed away on 2021, Dec due to dengue, i only taken care of her and admitted in well reputed hospital for treatment. my son brought up with us since his birth. on nov 2021 my mom got leg fracture and not able to walk for 6-7 month from nov 2021. now she is in the position to taken care of herself and my son. from dec 2021 i handed over my son to his maternal grand parents (located 4 km from my home) for his education and welfare.

in dec i was located in 300 km away from my home due to work, from june 2022 i got transferred to my home town, since i visited and taken care of my son on every holidays and saturday and sundays. i am working in a public sector bank and earns well also. i made insurance for 2 cr and put nominee as my son, i put health insurance for 1 cr for my son, and made ulip policy for every month with the installment of 15 k for 20 years for his future.

now their maternal grand parents refused to give my son back, (maternal family details : grand father , grand mother, and unmarried son aged 27). now my question is

1) how can i get back my child? procedure for get back ? chance to win?
2) in case after my remarriage what are my rights?
3) what are my legal rights?

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Quick Summary

This discussion concerns a father's rights to regain custody of his son after his wife's death. The child has been living with his maternal grandparents since December 2021 due to the father's work location and his mother's injury. Now that the father has returned to his hometown and is financially stable, the maternal grandparents are refusing to return the child. The father is seeking legal guidance on how to get his son back, his rights after remarriage, and his overall legal standing.

kavksatyanarayana (Expert) 26 October 2022
As your wife is no more, you have rights to your child. File a case against your inlaws by consulting a local lawyer.

Dr J C Vashista (Expert) 27 October 2022
Your in-laws have no right to retain custody of minor for which you are required to file a suit for permanent injunction.

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