Who is legal guardian of child after death of husband

LALIT KUMAR (Querist) 09 January 2018 This query is : Resolved
Dear Sir,
My 1st husband was dead in road accident in 2015,that time I have a one male child having 1-year old. After death of my husband my father in law was throughout me & my son from my husband house.
Last 2-years I am living with my parent in maika. In month of Sep, 2017 I have done the remarriage. Now my Ex-Father in law has done the complaint Case against me & my present husband in CJM Court and pray to court that- “I am not legal guardian of my minor son & demanding his custody to me”.
Although we (me & my husband) are able to proper caring of my son like nursing, better education & proper medical etc

Kindly confirm following things –
1.Who is actual legal guardian of my son?-Me or my Ex-Father in Law
2.If any judgment related to above case please share me.
Request to you please suggest & guide to me what to do ?
Regards
Meena Kumari
Aurangabad (Bihar)

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Vijay Raj Mahajan (Expert) 09 January 2018
As biological mother you are natural and legal guardian of your child.

Advocate Bhartesh goyal (Expert) 09 January 2018
It is hardly matters that you have got remarried ,being a biological mother you are only natural and legal guardian of your son.

Kumar Doab (Expert) 09 January 2018
Agreed with Mr. Vijay Raj Mahajan, Mr. Bhartesh Goyal.

Kumar Doab (Expert) 09 January 2018
You have tried to explain in your post that you are taking proper care of the child.
Has the FIL leveled any allegations on improper care, welfare of the child?.

Kumar Doab (Expert) 09 January 2018
Same Query;
http://www.lawyersclubindia.com/experts/Who-is-legal-guardian-of-child-after-death-of-husband--668001.asp

Sudhir Kumar, Advocate (Expert) 10 January 2018
as long as you are alive and your husband taking care of the child none can claim custody of child.

N.K.Assumi (Expert) 10 January 2018
Unless your first father in law can proved to the satisfaction of the Court, that you and your second husband are not fit to be the guardian of your son, there is no earthly reasons to separate your child from you and your present husband.

Guest (Expert) 10 January 2018
With several holes in your story, why worried, let the CJM Court decide, if the case has already been filed in his court. The case has to be decided by the CJM on its merits, not in consultation with any of the expert at LCI. .

Mr. Lalit Kumar resident of Bodh Gaya describes the story as Meena Kumar.of Aurnagabad, Meena Kumari made 2nd marriage, but lives with her maika (parents), etc. If you can give nursing, better education and medical facilities, you prove that before the CJM court, not here at LCI.