Child custody

ashish (Querist) 16 April 2015 This query is : Resolved
I did marriage in 2011. My wife was a government servant and before marriage she was working in her home town Pathalgaon, District Jashpur (Chhattisgarh) and was living with parents. After marriage also she was working there only and living with her parents. She used to live with me in my house (Raigarh, District Raigarh Chhattisgarh) 10-15 days in a month. A girl child was born in my house (Raigarh) in 2013. My wife died due to illness in 2015 when she was living with her parents in Pathalgaon. After my wife's cremation in Raigarh my in-laws took away my baby. I went to father-in-law’s houe to take my child but they denied. Then I had applied in SDM court Raigarh under Act 97. When police reached at their house alongwith search warrant they produced medical unfit certificate to police and same day they filed an application in Kunkuri District Jashpur ADJ Court for the child's guardianship (Act7) and stay of SDM (Act 151 and 10) court. We replied in ADJ court that both case are different (criminal & civil), the birth place of the child is Raigarh & they took away the child without permission of her father. Therefore ADJ Court should not accept application.
But ADJ court passed an order on 11th March 2015 that the child will be stay with her maternal grandparents till the end of the case. And SDM court dismissed the proceeding due to the decision of ADJ Court, Kunkuri. The next hearing is held on 20th April 2015 in ADJ Court, Kunkuri.
You are requested to advise me:
1. As I don't have any type of criminal case on me but how can I get my child back.
2. There was not submitted any application for custody of the child from both parties.
2. Should I put this order in HC for revision/writ?
3. Can I bring this case in my city (Raigarh)?
4. Any other committee like Child Line, Bal Kalyan Committee etc. which can help me better.

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SAINATH DEVALLA (Expert) 17 April 2015
Father is the natural guardian of his minor legitimate children, sons and daughters. A father cannot be deprived of the natural guardianship of his minor children unless he has been found unfit,after the death of his wife. Ur in laws have no right to keep the child.What were the reasons mentioned by the ADJ court for giving the custody of the child to UR in laws?

Rajendra K Goyal (Expert) 17 April 2015
Father being natural guardian has the right on children after mother's death. Consult local lawyer, show him full case file and proceed.