When Mother is remanded,can father ask child custody?

dasarivasu (Querist) 23 March 2011 This query is : Resolved
We have filed compliant in Magistrate Court under sections 120b ,417,418 and 500 and the Court ordered police under sec 156(3) to investigate and report on the alleged supression of divorce case facts of her parents and performing her marriage by legally separated wife and husband.

The mother is likely to be arrested and remanded.

Now my question is can we(father and grand parents) ask the custody of 3 years old child if she(mother) is remanded for the above crimes referred by magistrate to police ?

We do not want to send my innocent grand son to police station/jail along with her mother who is culprit in the episode. We are also worried about the safety of child in the hands of her if she make any attempt being defamed with the exposure of her parents divorce.

Can we ask magistrate/police to handover child custody to us?

Please advise.

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Jitendar Kumar gupta (Expert) 23 March 2011
yes. They can get the custody of the cild. If you need more call at 9868529732 or mail to:
guptajkin@gmail.com

Devajyoti Barman (Expert) 23 March 2011
Yes , you can get the custody. If at the time of arrest of the mother you ask for his custody and the Police gives you then it is alright. Otherwise you have to apply for custody of the child under Guardian and Wards Act.