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shrikant   04 July 2017

custody

weather aunt have right to file suit against father for childrens custody? any citation is there in the side of aunt.?


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 2 Replies

Ms.Usha Kapoor (CEO)     05 July 2017

If the Father  who is  a natural Guardian is not treatring the children well in the absence of children's   mother  their aunt can file an application under Guardianship and Wards act read with Hindu Minority and Guardinaship Act for appointing her  as Guardian of the children and for  their custody., If the court is satisfied that Children's welfare is best served in  the hands of their Aunt  rather than their father court may after due enquiry may appoint her  as Guardian of  the children and  and hand her over the children's cusotdy as the Welfare of the child is  the paramount consideration according to court's view.Is she the maternal aunt of  children?

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Dr J C Vashista (Lawyer)     06 July 2017

By the connotation "aunt" what do you say about the relation of minor with the said "aunt" as Chahi, Mami, Bua, etc.

What is the interest of aunt?

How the Court can ensure interest of minor is protected and safer in the hands of "aunt" when natural/biological father/guardian is alive?

Generally custody of minor cannot be granted to aunt while parents are alive/available.

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