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Arif Nawaz (propritor)     25 October 2013

How to take costody of my child 6 years old

My wife had filed a case of 498A in uttarpradesh in which i had got bail and the case is still pending in the court in uttarpradesh. now one year back my wife expired and as she had taken my son with her , my chils is residing with my inlaws. after regular requests they failed to give me my boy and are demanding Rs. 10 lakhs for the child.

i had filed a child custody case in thane district court but it was rejected as the childs jurisdication is in uttarpradesh. Now what should i do, there are no good advocates in UP and it has been one year since i am running fro UP to Mumbai but nothing is been done by the advocates there.

Please help me. If there are any court orders of the custody of child after the mothers death please upload it.

Thanking you.


 5 Replies

Have a Heart Foundation (Sales & Mktng)     27 October 2013


Kindly find herewith 2 High Court Orders whereby Custody is Given to Father after Demise of Wife.

You either need to file for child custody at UP.

OR Challenge the Order passed by Thane Court for your Transfer Application, If the said application gets rejected at High Court you can challenge that at Supreme Court which may or may not grant you transfer.( you can try, in some circumstances transfer can be granted by courts).  

Attached File : 567773953 hc order 1 custody given to father.pdf, 567773953 hc order 2 custody to father after wifes death grandparents got access.pdf downloaded: 120 times

gautam (not disclosed)     27 October 2013

Generally, the custody of young children are given to mother in all circumstances, unless you can prove that the interest of the child is better served being with father rather than mother (e.g. adultery of mother, pshycological issues etc), if you cannot, then you will be fighting a losing battle.

instead you get visitation rights on mutual agreement and legalize it before the court

ktkaran (maanger)     27 October 2013

Take illegally then file child custody .Police cant grant them child custody back they have to file a case to get child back.

if u file case then linger in courts for years ,

take child and immediately admit in him school,chang ur nos and residence cut off contact for 6 months and child will b yours


Rest is legal remedy

gautam (not disclosed)     27 October 2013

follow ktkaran advice and you will lose even visitation rights in future


Dear querist,


1. Here no issue of any adultery or some pshycological issues of mother needed bcz the mother of child has passed away.


2. Taking illegal action to grab your child's custody will definitely land up you in trouble.So,don't do that.


3. You have not put the father and child's relation,age of your child,are you visiting your child or not in your main query?


4. By half facts of query so far Mr.suresh has rightly guided you.


5. Another remedy is there if the child is attached with you and after so many attempts your inlaws are not giving the custody then file a writ of HCP in HC(Allahabad) U/A 226 , alleging that illegal confinement and custody of your natural child by your inlaws.


6. However it is to be noted that,the above action will work only when you are not convicted in any criminal offence or else they will tell that his father is criminal and it's not good for upbringing of child.



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