Custody of grandson
Shreeniwas Sharma
(Querist) 08 November 2011
This query is : Resolved
What the Law says about Custody/Guardianship of the ONLY Grandson aged 5 years whose father expired in a road accident and mother got remarried within a year of his birth.
Sankaranarayanan
(Expert) 08 November 2011
You can file a petition for the same to court and seek permission to keep the child with you.
Shonee Kapoor
(Expert) 08 November 2011
Mere remarriage is no ground for denying custody to the mother.
The custody matters are decided on the welfare of the child concept.
Better sort it out amongst yourself as to your visitations and contribute towards child's education and comforts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 08 November 2011
You can move an application under The Guardians and Wards Act, 1890,the courts decide the matter keeping the interest and welfare of the minor above all.
Guest
(Expert) 08 November 2011
1. Hindu minority and guardianship act
2. The Guardians and Wards Act, 1890 these acts provides the age limit
Rajeev Kumar
(Expert) 08 November 2011
I agree to Mr.shonee kapoor and Prabhakar Singh. Needn't to add more.
Shreeniwas Sharma
(Querist) 09 November 2011
Thanks for the comments and advices. I had submitted the application to 'Family Court' for Guardianship and Custody. The Mother & Mat.Grand Parent did not come in the first 2 hearings; honorable Judge assured us that he would fix the matter but it would take time and marked the Note-Sheet as ex-party. New Judge took the charge after his routine transfer and when I was narrating the case that the mother has got remarried, he asked me to arrange the proof; hurriedly her father came-in to attend the case, not knowing about the situation, explained that he has remarried his daughter. Judge asked him for application to revoke the case. It reveals that remarriage is a major important point in deciding of the custody & Guardianship and based on that the earlier Judge had assured us to fix the matter. On watching the attitude of the present Judge in some other case, I noticed his advice to an ‘advocate’ to search for Judgments over internet and produce the copy to finalize their case. Hence I need help in getting Judgments on the cases like of ours. I have 4 daughters. Sudheer was my only son. To minimize sorrow in Hindu Social customs wherein representations from Brother/Parent Family is needed, I feel the need of being our Grandson with us, otherwise who could not attend the funeral & other after-death ‘Karma-Kand’ of my father and as well as of my son, what else can I expect him in future & believe for. He has born after 3 months of the unfortunate accident. His birth date is same of my son, I feel sentimental attachment. During Childhood nobody can care better than his mother, afterwards, it is also true that he needs father, name of ‘Kul’, for getting established in the social life. There is an age difference of more than 10 years between mother & new father, he is also a divorcee, his social status is no better than us, can be said to be lower than of ours. Children always feel secured with their Grandfather-mother and mentally they can never get enough from anyone except from their Grand-Parent, necessary for their nurture. It forces me to perform my duty, ‘the Karma’.
Shonee Kapoor
(Expert) 11 November 2011
Dear Sir,
I fully sympathise with your situation, but welfare of the child would always remain the paramount consideration for the courts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shreeniwas Sharma
(Querist) 18 November 2011
Dear Mr.Kapoor,
I am also on side of "Welfare of Child" and as such did not try hard to take custody of him during the first 5 years of his age, just because till this age nobody can do better than his mother. But now she can do no more better for him because of her imbalanced marriage life. I need help in getting the judgments in the cases like of ours.
