👨👧 Your Legal Rights as a Father Under Indian law, especially the Guardians and Wards Act, 1890, and Hindu Minority and Guardianship Act, 1956, the father is considered the natural guardian of a minor child after the mother’s death2.
Courts prioritize the child’s welfare above all else, not the wishes of extended family. You can file for sole custody in the District Family Court where your daughter currently resides. Maternal relatives (Nana, Nani, Mama) do not have automatic custody rights unless the father is proven unfit. The court will consider: Your ability to provide emotional and financial stability Your daughter's age (under 5, courts often prefer maternal care, but in your case, you're the surviving parent) Whether the environment at the maternal home is emotionally manipulative or confusing for the child
🛡️ Steps You Can Take File a custody petition under the Guardians and Wards Act in your local family court. Document threats or emotional manipulation by maternal relatives—record messages, calls, or incidents. Avoid confrontations and focus on legal remedies. Consult a family lawyer who specializes in child custody. You can find one through LawRato’s custody guide or Legal Crusader’s resource. Request court-monitored visitation if needed, or supervised interactions to protect your daughter’s emotional health.
💔 Emotional Impact on Your Daughter Your daughter is very young and vulnerable. Being told her mother will “come back” can cause confusion, trauma, and emotional instability. Courts take this seriously if you present it properly. You can request a child psychologist’s evaluation to assess the impact of such statements. This can strengthen your case for custody and limit unsupervised access by relatives.
💡 About the Maintenance Claim If your wife's family is demanding ₹20,000/month from your parents’ property, they do not have a legal right to claim maintenance from your parents unless: The property is jointly held and your daughter is a legal heir You are unable to provide for her (which you’ve said is not the case)
