Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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sneha jaiswal   25 May 2021

Legal aid

Hello, Learned Counsel!

Rahul is a boy of twelve years. When he was five years of age, he got separated in the fair from his biological parents, his parents had taken every possible step to find him. Their parents distributed his photo in the nearest police station and distributed a pamphlet with his photo and details. Meanwhile, Rahul met with my uncle, and later, Rahul started living with my uncle and he only raised him and gave him a better life. My uncle also informed the respective authorities but he got no response from them so he kept Rahul with him only. After seven years, his biological parents saw his photo in my uncle’s house and they are claiming Rahul back with the fact that they are his biological parents. Is there any legal remedy is available to my uncle who has raised Rahul like any other parent?

Note- It’s not a hypothetical situation, I just mentioned the main concern for the valuable suggestion.


 2 Replies

Sankaranarayanan (Advocate)     25 May 2021

Biological parents have full rights on your said rahul..your uncle can sort-out the issues by amicable manner with the parents of rahul 

lawyer_rajiv (9811284735) (lawyer)     28 May 2021

in this situation, uncle can approach the court by filing a guardianship petition and elaborate the facts.  He may also file an application restraining the biological parents from taking custody of their child without following due process of law.  As far as the courts are concerned, welfare of the child is of paramount consideration,  If the court finds that the child's welfare lies with the uncle, the biological parents may have to be satisfied with visitation rights only.  However, when the child turns 18, his will and wish prevails and he may opt for either uncle or his parents.  

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