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mss (engineer)     05 September 2011

Child custody to father


I'm asking this on behalf of my friend.

Wife died and the child was with wife's mother, since father has to travel to US for work for a period of 1 yr. In the meantime, the mother-in-law got guardianship of the child and this was not known to the father. Later when father came to know of this, he was not allowed to talk to the child or contact the child in any way. what should the father do now? can he get full custody of the child or only visiting rights? 


 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     05 September 2011

Let him a file a petition under guardian and wardship act.

mss (engineer)     05 September 2011

he has done.. but the case has not come to court yet. it has taken 2.5 yrs. wht he shud do? And his mom is no more. and will he be awarded with custody of his female child and the child is 4 yrs now.

Adv. Chandrasekhar (Advocate)     05 September 2011

Can he manage?  It appears he visits abroad frequestly for his official purpose.  Is it not better the child lives with her maternal grand mother than with a maid, who works for only money?

But he can move application for visitation rights and definitely he will get them.  Take appropriate action so that visitation rights application will be decided within 3 months or at the most 6 months.  Two and half years is absurd.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 September 2011

Dear Friend,


Under GWA, the matter should be decided within 60 days, if it is not on board even after 2.5 years, you should petition HC about it.


But as Adv Chandu right;ly said, CAN HE MANAGE. Don't try to possess the child, be a guardian.




Shonee Kapoor


1 Like

mss (engineer)     06 September 2011

Thanks for all your replies. Yes he can manage. He is not going abroad after this happened. Father himself gave the child to the mother-in-law so that she can take care and also she is alone (since her husband is no more). After getting guardianship, the mother-in-law doesn't allow the father to see the child. Father is concerned because of this.

Adv. Chandrasekhar (Advocate)     06 September 2011

If that is so, the father has got bright chances to get custody of the child through courts. 

 Beyond legal advice - His mother-in-law also might have developed affection towards the child and the child also might have been attached to Nani.  As nani is also alone, father can bring the child along with nani to his residence, if he has no further family obligations, the child will grow under deep love and attachment of father as well as nani.  I gave this advice keeping in view of the welfare of the child, which factor dominates the court's mind.

shankar (advocate)     14 September 2011

he has to approach concerned family court for set a side of guardianship of his wife's mother, the cause of action for the application is, the date of knowledge,

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