Custody of child

Kamal Gautam (Querist) 23 August 2011 This query is : Resolved
There is One 3years Old Female child , her mother was expired on july 2011 due to suicide.The family member of the Wife lodged FIR against her husband & mother inlaw for harassment for dowry.

The child is in custody of her paternal uncle who is taking care of her very well.
Recently the grandfather from maternal side has filed habeas corpus in high court for seeking custody of child.

The child was handed over to the paternal uncle by CWC & hearing is in High court next week.

Can high court give the custody of child to maternal father who is 58 yrs old.

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Dr Anil Kumar Singh (Expert) 23 August 2011
Yes , in absence of natural guardian it can

prabhakar singh (Expert) 23 August 2011
such orders are passed considering paramount interest and safe gaurd of a minor child,all depends on what affidavit and counter affidavit are exchanged and how nicely a party put forward its case before high court.

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