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Muskaan   25 July 2017

Child custody

Hi, I m widow, my son is 8 n half yrs old.His grandparents wants to meet him but i don't want that b'coz i m afraid of them.So i started living with my parents.They(in-laws) filled a petition in high court lucknow that my father captive me n my child.So pls let me know what r my rights to take child custody from my in-laws.THNX



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 6 Replies

Raveena Kataria (Advocate )     25 July 2017

As per the Hindu Adoptions and Maintenance Act, the parents of a child would be his/her natural guardian. Moreover note, while deciding the custody of the child, the welfare of the child is the issue of paramount significance to the court, and not the interest of the parents/parties to the case.

Online.498a.DV.Act.Crusader   25 July 2017

Sister,

Dont be stubborn by not showing kid to grandparents, you are inviting trouble.  If police come and take kid, will it look good?

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     25 July 2017

They are not asking for custody.  They are asking for visitation rights.  As grand parents, they have the right to visit their grand child or keep him for one or two days with them.  You should not object for that.  Any how, court will refuse custody of child to them, but definitely give them visitation rights.

Adv Radhika Mehta (Advocate)     26 July 2017

The custody is anyways with you. They must be seeking visitation rights to their grandson.  Whatever must be your fear of your in-laws', the same is on account of your relationship with them.  Your son has a different rapport, a different relationship with his grandparents'. So i would advise you to provide them with visitation rights to their grandson as even if the matter goes before a Court, the Court would direct you to do the same.  They have a right to meet their grandkid. 

Arun kumar (business)     28 July 2017

This is not called afraid.. It is called mental sickness.... They lost thier son and now you are not allowing to see the grandchild also... How cruel you are.... Dont forget you also become old and your son will also marry..

Raveena Kataria (Advocate )     21 August 2017

Hi! Perhaps you can keep your opinions on users out of the way. You do not know what OP is possibly experiencing/going through to have that 'fear' induced in her. This is a website for legal discussion. If you have any useful input to give, you need not to refrain from doing that instead.


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