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V Kumar Singh (Executive)     20 April 2013

Custody of daughter during trial

what do custody laws in india say on this scenario: woman dies. husband accused wrongly of dowry death, bail rejected and sent to custody, comes out on bail. trial going on.

In such a scenario, if deceased woman's parental family tries to take custody of girl, can they get custody? or would custody remain with husband?

please learned members kindly reply. urgent help needed.



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 3 Replies

Tajobsindia (Senior Partner )     21 April 2013

  1. Till a Court finds him convicted under dowry death, minors ‘custody’ would remain with him.


The status quo would not change until then is what I mean. Search one of my very old post I appraised forum by placing News item OR Judgment carrying same opinion in a similar matter decided by a Court of Law.

1 Like

Adv k . mahesh (advocate)     24 April 2013

if the child is minor then the court will give the custody to the blood related person till then the case decides 

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V Kumar Singh (Executive)     01 May 2013

In the above scenario, father of the minor girl is taking care of her, but living "alone" with her.  Can the other party say that minor girl has to have a female guardian as well.

If yes, then can father keep the minor girl in a boarding school, to circumvent the above problem ?


Please suggest.


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