Protection of grandson
srinivas
(Querist) 06 February 2013
This query is : Resolved
Can my daughter-in-law take away my grandson forcibly from our home or anyother place, with or without my knowledge?
What precaution i have to take before, and what action should i take after she takes away my grandson? Does she has any rights to take away like this?
Can also she get an ex-parte injunction order for her child?
Nadeem Qureshi
(Expert) 06 February 2013
Dear srinivas Ji
State full facts, without detail facts we are unable to give you our best opinion.
Adv.R.P.Chugh
(Expert) 06 February 2013
State full facts. Is your son not there ? IS he still married to this lady or divorce ?
srinivas
(Querist) 06 February 2013
My only one son recently expired in 2010,leaving behind his son of age 2 ½ and now he is 5 ½ yrs old .I later on convinced my daughter-in-law to stay with us in Banglore but she took our grandson with her and stayed with her parents in Mysore. In the meanwhile, when we spoke her through phone,she did not speak to us so well and not even she gave us to talk to our grandson.But she got her child in Bangalore during holidays. we gave her money for maintenance every month.
Then we convinced her to get re marry and got married on 2nd December 2012, and we told her to leave our grandson with us.My grandson is very fond of me and he does not wants to go with his mother. After my daughter-in-laws marriage, she is forcing us to take away my grandson back but the child is not ready to go with her.She came here in Bangalore, and fought with us for her child.
Now i have my grandson ,aged 5 1/2 yrs, with us.
Please give me suggestions:
1) Can my daughter-in-law take away my grandson forcibly from our home or anyother place, with or without my knowledge?
2) What precaution i have to take before, and what action should i take after she takes away my grandson? Does she has any rights to take away like this?
3) Can also she get an ex-parte injunction order for her child?
Anirudh
(Expert) 06 February 2013
Dear Mr. Srinivas,
Your love and affection for your grand child is quite understandable.
But, please also think from the perspective of your daughter-in-law - she is the mother. How can you expect her to leave her child that too at this tender age?
You have been so progressive and so understanding that you have convinced your daughter-in-law to get married again.
Any child of that age will initially refuse one way or the other - and in most of the cases such refusal is due to the tutoring done by the interested party - and things will get changed once the child goes with the mother. Probably, at that time she will try to tutor the child and make it say that she does not want to come to you.
Therefore, to maintain a healthy relationship and not to give a change to spoil the mind of the child, both side should see reason and adjust. This will help in ensuring that the child's affection is shared by both the parties. Otherwise it will only create tension and bad-blood between the two parties.
If she approaches a proper court, she will get custody of the child.
Sudhir Kumar, Advocate
(Expert) 09 February 2013
You have contradiction. On one side you say that she has taken away the child and you want him back. On other hand you say that she is forcing you to take the child back. So what is the problem then.
