John 01 October 2017

Custody

Hi all, My sister got married 1998. Due to dowry harassment she return my home 2002. Myself gave all facilities and studies to her and her son. 2008 her husband filed divorce but he black mailed so she not ready to live with him. So divorce petition ex partebut she studied well got two degree and started work in school. Suddenly her ex husband came 2010 and promised her forgive all matters and to get remarriage. She believed him and went to him with boy child. But not remarriage She got pregnant and second girl baby 2012 but her in laws ill treatment she sent her boy child to my home and requested take care of him. Till now he with us. 2016 my sister suddenly sick after several treatment she died may 2017. Before death she requested my mother to take care of her son and daughter. I have some question here: 1. She nominated all her PF and insurance to her son name. 2002 to till date he living with me. My mother only spending all study expense to him. And my sister never get remarriage to him shall get her baby girl from him because her last request. My mother get guardianship for both daughter and son. Shall we apply maintaince for the children. Please advice.

Reply Follow

5 Replies

Siddharth Srivastava (Advocate) 01 October 2017

You require detailed reply. File necessary petition in guardian court seeking guardianship of both children. Consult a lawyer with details. Siddharth 9811776422

Vijay Raj Mahajan (Advocate) 01 October 2017

Sad to hear about your sister's life and struggle. As the biological father of both her children living getting guardianship may not be easy unless he agrees for it, although the custody of both children are with you and your mother. Maintenance for minor children is responsibility of their father to provide that you can seek under section 125 Cr. P. C but always remember by doing so chances of him seeking both complete custody as natural guardian will be there. This he'll do to avoid paying maintenance to you for his children.

john (na) 01 October 2017

No I don't the children custody and maintenance. My mother and father seeking to take care of my sister children. Even they won't allow to see the girl baby. Every time they are insulting. For the child welfare my sister requested my mother requested.

john (na) 01 October 2017

No I don't need the children custody and maintenance. My mother and father seeking to take care of my sister children. Even they won't allow to see the girl baby. Every time they are insulting. For the child welfare my sister requested to my mother. And my sister son age 16 doing +2 this year. He requested his father pay fees but he told him "don't ask money". Without money how my sister son will study. Now mother helping to him otherwise what happens to his studies. That only my mother seeking guardianship to give better life to the children.