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Pinky Pinky   25 March 2024

Guardianship of children after mother's death

My sister died while giving birth to a baby. Her husband married to a another girl in 12 days. And within 1 year their daughter was born and they are not in contact with us and they are not showing us my sister's daughter and they are not keeping the baby .The baby is being neglected. Are there any laws so that he is not neglected and how we can look after the baby?


 4 Replies

Real Soul.... (LEGAL)     25 March 2024

tthe grand- parents can seek visitations from court and seek the welfare .If they could prove that the child has been neglected and not treated well they can motivate court for custody.It is not right however but upon courts discretion.

T. Kalaiselvan, Advocate (Advocate)     25 March 2024

If there are sufficient proof to prove that the child is being neglected and not taken care, the paternal grandparents can file a child custody petition to get custody of the child.

Pradipta Nath (Advocate)     25 March 2024

You can serve a legal notice to the father that you require to visit your niece to ensure that she is okay and have the sentiments for her mother or the maternal relative. You have obviously right against your niece, since you are her mama. Alternatively the child rights cannot be denied to connect with her deceased mother's brother. If you don't get the desired results from the legal notice, you can file a petition before the District Judge under the Guardianship and wards Act to claim guardianship and visitation right.

Rushika (Law Student)     14 April 2024

Dear querier,

I have read through your concern and have answered below to the best of my abilities. I sincerely hope this information is helpful to you and solves your issue. thank you.

As of now the natural guardian of your sister's child is your brother-in-law however under the Hindu minority and guardianship act the court Is of the opinion that even if the act gives the power to be the guardian of a child if that person is not being a good guardian and is not maintaining welfare of that child then you can challenge that in court.

You can file an application with respect to the guardianship off your sister's child to the District Court which has the jurisdiction in the place where the child is currently residing according to the Section 8 of the guardianship and wards act of 1890 you are entitled to apply for an order if you desire to be the guardian of the child or if you are a relative of the child and you satisfy both the criteria’s.

Ultimately the welfare and the proper taking care of the minor of the child is of the most importance to the judiciary to the judge so you can submit your application and they will accordingly move forward with it I hope the information I have provided helps you. Thank you.

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