Regrading my Nephew's Ownership


Dear sir/mam
my brother died in 2017
he committed suicide
he is father of a 2 month child
reason behind suicide is extra merital affair
he deeply fall in love with one other women
but things changed for him when he know that he is wrong
the women whom he has affair is from our side

and no family member is aware from this kind of act of both
after his death while checking phone calls and massages
we find the reason of his suicide
after his death my sister in law(bhabhi)
broke all the relation from us

reason behind relation broke is we are not filing any case against the women whom he had affair
but this is wrong
she thinks that we are not taking any action
but in terms of law we did not find neither verble nor any torture event which forces him to do suicide

the police also in favour that the case is not too strong
becoz the act done by my brother is his self decision not by forcing any one

but she ( bhabhi) didnt understand this thing
however we broke all relation with the womens family

now the point in which i need solution is about my nephew

bhabhi didnt want any one to meet neither her nor the grand child
when going to her home they had no objection but not want to send nephew to meet his grand father and grand mother


my parants work for their children's
they feed us
they teach us
now every parants has a dream to play with their grand child
but in this case
they are helpless
they lost son and grand child both

their is no mistake of my father and mother
but still they are paying
and a
she is not understanding

what we can do to regular meet with my nephew in legal way

plz guide us
 
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Retired employee.

Time is a great soothing balm to all problems.  Let her take her own time to reconcile with realities.  No use of bringing pressures or litigation.

 
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sir it is 3 years now
we do everything for her
but actual loss is of my parants
they lost 3 members
and she atleast have her son
now she and their family members too
are not talking to us
even if we want a video call
they every time denied that

any way to faught in legal way
 
Reply   
 
Retired employee.

Sorry, Mr.Arvind, one can not build up relations with litigation, and in fact, it complicates and strains the relations more.  If you think that law can bring those loved one near to you, contact a local advocate for a way.

 
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your father can file a suit in family court and can get the directions from the court.


For more information contact us on 9999121211, or email us on info.lawjunction@gmail.com. .

Rupin Singh Dhama
Law Junction
 
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Advocate

The query suggests no legal elements or legal issues.

Any how, how is she taking care of the child? Your family can do whatever is expected/required of you towards the welfare of the child. Expect nothing in return. Perhaps, such selfless compassion would soothe and cure the injured feeling.

 
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Lawyer

The story involves various issues, no time for such long statement.and oblige.

It is advisable to consult a local prudent lawyer with relevant records for appreciation of facts, professional advise and proceeding as required.

 
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  • Grandparents have a legal right to apply to the court to ask for custody or access to their grandchildren.
  • The judge uses a legal test called the best interests of the child to decide who spends time with the child and for how long. The best interests of the child test include looking at the relationship between the grandparents and the child.
  • The judge also looks at the reasons whether:
  • the grandparents have acted unreasonably
  • the grandparents have acted in ways that are not in the child's best interests
  • the grandparents are making unreasonable demands for access
  • there is a history of a strong, positive relationship between the grandparents and your child
  • the grandparents have been child's caregiver
  • child has lived with the grandparents
  • the grandparents are likely to play a positive role in child's life
 
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Advocate

Don't be misguided by any wrong opinion or suggestions.

There is no law to provide child custody to the grandparents especially when the biological mother is hale and healthy to take care of the child which is less than 5 years old.

The grandparents can claim child custody only if  the biological parents are not capable of taking care of the child which may adversely affect the interest and welfare of the child which is paramount.

In fact they do not have any legal stand even for visitation rights as a right as per provision of law.

Your sentimental issues do not have answers in law. 

Hence you may better look for  a diferent type of solution in this connection by arranging a meeting with the elders from both the sides to reconcile the differences  and get the desired taks achieved.

 


Total likes : 1 times

 
Reply   
 
Scientist/Engineer

Law is a dry thing. Law, lawyers and courts cannot give solutions to such  situations. Grandparents to have love towards grandchildren is natural. They were not responsible for the developments.  The mother of the child needs counselling. Time and counselling may soothe her feelings. Pandora thought that everything was lost after she opened the box. But the angel of hope was still inside. Let us hope the same angel will bless the grandparents and the unfortunate mother. Look for a counsellor and not heartless lawyers. There are NGO's which specialise on such matters.

 

 
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