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Arshad   05 December 2022

After death of my sister due to carless treatment of her abortion her husband wants daughter custody

Hi Experts,

I am from Mumbai and my sister was married in Karnataka, she had a miss-carriage but by god's grace she had a daughter who is 4 year old. Point to be noted her family in law never given any attention at my sister which result her life to death due to irregular of medicine intake and lack of visiting Hospital. Her husband recently shifter to Behrain (Abroad) and he wants his daughter to stay with his mother who is careless and old minded people. Now we want our sister's daughter to stay with us as we don't want any same incident happen in future as like her mother suffered. My sister husband is a drug addicted and loves to visit Ladies Bar and Prostitute Areas in Mumbai. We don't want our sister's Daughter to stay in wrong Hand with her's husband family or with him. Even he is not ready to come to India for her daughter's daily care. He want his sister to take care of baby girl who is already married and has a negative minds towards others. Can you guys suggest me is there any chance to save this girl from wrong hand?


 7 Replies

Real Soul.... (LEGAL)     06 December 2022

all those allegations of immorality need to be proved in court while seeking custody of child. It apears the marraige is still intact so the mother and father are custodains of child. your BIL cannot force your sister to leave child somewhere else. She can file FIR for harrasment. If they are deivorced then your sister need to file for custody of child and maitenance

Arshad   06 December 2022

Hey Thanks for your revert,

I have mentioned that due to careless treatment of my sister she is no more. And her husband is drug addicted and he want baby girl to stay with him and his family. But he stays in abroad and don't wanna work in India, then on whose responsibility he is trying to take custody as he is self not present to take care of BabyGirl 

Real Soul.... (LEGAL)     06 December 2022

Under Section 6 of the Hindu Minority and Guardianship Act, 1956, Mother and father are only natural guradians,; since the mother of child is not alive her father is her natural guardain and it is very hard to prove that he will care for her welfare. STill you can file petition for guardainship but chances are rare

Shashi Dhara   06 December 2022

It seens to be that you are muslims so Islamic  law applies for you ,complaint to kazi or Mulla and try to take her to your custody peacefully ,if he behave rudely then file suit under guardin and wards act to take custody of your sister child  by proving in court that they are unfit to rise the child.

Sudhir Kumar, Advocate (Advocate)     21 December 2022

The queriest has not cleared which community they are.

P. Venu (Advocate)     21 December 2022

Yes, any suggestion depends upon the community as well the personal law, as applicable.

Sudhir Kumar, Advocate (Advocate)     10 January 2023

The abov einformation is relevant for me to form a view.

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