Custody of a child from wife's family
Parthiv Pathak
(Querist) 26 November 2013
This query is : Resolved
Respected Sirs, I have got very accurate answer from this Forum and indeed you all are doing a very commendable job. As I do not have any specialization in Family Law, request any of you to advise on below issue which pertains to one of my friend which stays at Virar. His wife is no more and family has forcefully kept the costody of his child and they say that they will return only when the child turns at 18. My dear friend wants custody of his child soon. Please advise. A detailed note is as below for better clarification. On advise my friend will meet any of you in person for better clarification but for the time being he needs a formal advise from me. So that is letter is put up here. Please advise after going through. I will be very obliged. Thank you once again.
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I got married in 14th
life through out the life time but the in-laws people every time disturbs my wife (Preetha) calling them
to their place (mostly one of her sister named Prameela who is mostly spoiling every body’s life along
with one brother named Praveen and her elder sisters daughter Swati). Most of the time she was at
their place and even after my marriage I lived like a bachelor. My wife was very much fond of family
living
And the above people doesn’t allow her and she is also afraid of them. I have warned the above people
but all invain. Whatever the above people does and finally they blame to my wife only. I tried to
convince to her to let me know the problem what you are facing but she refused to say and told will say
later.
One of the brother of my wife named Pramod who is at America has helped her for studying Fashion
Designing at Singapore and claiming that they have spend 18 Lacs to her study and she spoiled the
money. This is the story before I getting marry to her. I repeatedly asked her problems and she told
that the money was misused by her sister Prameela & brother Praveen and blames it on her. The said
person Pramod is also playing a role in the above game as he is not having a Kid and he wants the Kid.
One day her brother Praveen along with her mother, sister Prameela & her son Rahul, Swati and one
of the cousin Lal went to her brothers place at Nagpur and the death has happened over there on 13th
August 2011 saying that she was dies due to silent attach. They have shown / provided me the Post
mortem report and death certificate till date. I repeatedly asked her brother Praveen regarding the
same but he escapes giving some excuses. As per Praveen wife (who is a good contact with me and
knows my problems and informs me if anything wrong happens) the certificate has received by them
and not providing to you. She is recently married Praveen and not happy with the family’s atmosphere
or characters.
Now the problem is I am having a 4 year old daughter and want to take custody of her from them and
the same was informed them to many times but they are refusing by saying that till 18 Yrs we will not
give you and she is a girl. Frankly speaking I am not happy with the way they are treating my daughter.
She never gets the foods regular intervals. They provide the lunch at between 2.30 – 4.30 pm only. If
she doesn’t eat they push it into her mouth with uttering loud voice and all. They even don’t have a
family culture at all. All wakes up between 9 - 10 AM only. My daughter’s health is very weak. She
is also having some minor asthma problem, cough and cold. They are also not giving proper bath
every day to my child which leads kujali at her body. These people are not looking after the child in
appropriate manner and they talks rudely and loudly with my child and in turn she afraid of all these
people and obey what they says due to fear in her mind.
They are not bringing my child to my home and not sending along with me to my home or my family
members house with some reason that she is not well or it is very hot do not take her out etc. They take
her at their houses at any time most preferably at noon only even if she is not well also. My daughter
always comes with me but now these people set her mind with fearful. Do not go to fathers home
as there are lions and tigers which will eat you. While asking my daughter she told that Prameela has
trained her to say that way. She is very fond of with me and every weekend I meets her she stays with
me till I leave that place and waiting for the next weekend as she is getting much love and affection from
November 2008 and it was an arranged one. We were enjoying a happy married
me.
They have taken admission in the school at Kalyan where they currently stay. But they are not
sending her regularly to school as the school is very far away from their home. They have taken the
admission without informing me and informed the school management by spreading with some
miscommunication about me like I am not good and not having the financial capacity etc. They have
also not provided the school details to me. They are also teaching her to say lies. Every day I calls her
in the morning, afternoon & night. They will pick the call only after number of trials to handover the
phone to my child. If I call in the morning they say she is at school but she may be sitting next to them.
If I call in the afternoon, they insist the child to say I just came from school call later like that. All these
facts are informing me by Praveen’s wife as my child may be sitting with here during my call comes. My
daughter is interested to go to school. If I ask her why not gone to school, she says mummy (Pramila)
told not to go to school. They are spoiling my child and wasted her one year school.
These people only want money and keep my child as a tool. They collect money from wherever they
gets by saying my child name for school fees, for medicines and other expenses etc. Some of their
family members are favouring me and they informed the above people to handover the child to me.
I am totally disappointed and not in a position to what to do. You are requested to suggest how can
I go ahead to get the custody of my child. I am trying to avoid a quarrel and do not want to spoil my
daughter’s future.
• Is there any option without approaching the court to get the custody of my child as I am the
father of the child?
• Can I go for a police complaint saying that they are keeping my child jabardasti in their custody?
• If I go for a court case how long it will take approximately?
• I am planning to settle down at native place (Kerala) along with my family members who
will take care of my child as their own child than these people. Can I take my child without
informing them to native place as I am not hijacking the child as she is my daughter? If I take
such steps, can file a court case at there?
• All my family members, relatives & friends circle are asking how they can keep your child after
the death of your wife you are right person to keep her and they do not have any rights to keep
the child.
Also note that I am not financially down and have sufficient capacity to look after my child. They have
tried to let down me financially but I have survived from all such things.
In view of above you are requested to give me the guidelines to enable me to take custody of my child.
Awaiting your immediate feedback on the above matter as I want to save my child’s future from these
people.
Hope I have mentioned the matter clearly. If anything is missed out will inform later.
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With regards
Parthiv Pathak
R.K Nanda
(Expert) 26 November 2013
query too long to reply.
V R SHROFF
(Expert) 26 November 2013
too long to read
prabhakar singh
(Expert) 26 November 2013
Your wife is dead and 4 year old daughter born to you from deceased wife is in illegal custody of in-laws of whom you want custody IS your question?
NOW it would be easy to read your problem by experts.
FATHER is a legal and natural Guardian of his minor child,male or female, in law and mother already dead,none else can legally hold the custody of child.
FILE AN FIR AGAINST THE PERSONS HOLDING CUSTODY AND MOVE AN APPLICATION BEFORE DM?SDM?JMFC for getting custody of the child.
Raj Kumar Makkad
(Expert) 26 November 2013
Instead of filing the police complaint, file petition seeking custody of your child. Custody shall be granted to you being father of that female child.
