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LegalFighter (test)     01 June 2022

Custodial wife died, father remarried. who is the legal guardian now for pas affected boy kid?

Dear Experts,


I fought for RCR(wife not ready for reunion) and then filed divorce(desertion & cruelty) as well GWOP for my under 5 boy kid. Divorce granted and visitation once in two weeks(10am - 4pm) granted in GWOP at coimbatore court in 2015. I went HC for appeal over GWOP and ran there till 2019 with multiple counselling at in Hon. Justice M Duraisamy's Chamber. Then judge rotation happened parallelly, due course I got remarried in 2019 , phycological analysis was done on Child by court appointed Psychiatrist and Hon Justice Govindaraj ordered to follow all existing FC visitation order plus visitations on festival time in 2019 after hearing petitioner has done remarriage. But luckily Judge captured that kid is suffering from PAS in the Judgement.

After my remarriage my ex-wife was showing me the child but she always accompanied him and kid did not come to me (but before my second marriage,  my ex-wife drop the kid to me and I drop him back by the visitation end time. I took him to all places like park, theatre, etc.. and my kid was enjoying.)

Just on last saturday, my ex wife expired on a massive heart attack, now I feel very sorry for her but I cannot leave my 9.5 yrs old son to my ex's parents.How can I proceed now? They are not approachable through relatives and hence I thought of giving 1-2 months of consoling time and plan to go for the same family court.




 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 June 2022


Samarpan (M)99958670740 (Free legal advice and legal aid cell)     04 June 2022

Yes.  You can file custody case in the Family Court and you will get custody and the child's grand parents will get visitation rights.

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