chandraprakash tripathi (sole propritor) 15 March 2013

Regarding permanent custody of my minor son.

my name is chandraprakash tripathi, 30 years old, staying in nallasopara, my wife she died because of tb, i have got death certificate of that, my son was born at my wifes residence place, i dont have any bad or criminal record, i work as an auction property consultant here in dahisar, now the grandparents of my son they dont have any male issue of their own, they stay in virar, now they have forcibly kept my son and are not willing to give him, and when i try to go and see my son they turn very verbally abusive, he was having 4 daughters and his second daughter was marriied to me, after the deah of my wife, his 4th daughter wasnt married we even gave him the proposal to marry her with me, as she was the real sister of my wif eand can give good and love affection of a mother, but instead they married their 4th daughter somewhere else, and i have still not married, point is i want permanent cusotody of my son and now as they have not kept any relations i am too not eager to keep any relation with them, i have filed case in court, court issued summons then also they are not coming on given dates, what will be the outcome, pls advice i dont want my son custody in their hands

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Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney) 15 March 2013

You will have to prove that, you are in a better position to take care of your son and you have female members at home like your mother or so to raise the child. The Court considers who is best suited for the welfare of the child when such cases are decided. You say you have not married and you go for work then who will take care of the child in such situation. You can and should get visitation of rights and can also get the custody of the child once he is above the age of 5 as he becomes more independent and secondly being the natural father you have the first right over the child. Once the child reaches the age of understanding and can decide whom he wants to live with then the court can also call the child to the court and consider the child’s opinion, in deciding the custody of the child.

Regards,

Vandana Vaidya.

Advocate

Adv Archana Deshmukh (Practicing Advocate) 15 March 2013

The outcome of the case will depend upon how well the case is persued and contested in the court. Even if the opponant is not coming in the court, there are legal solutions for the same to continue the matter ahead depending upon the stage of the matter. Speak to your lawyer about it.

chandraprakash tripathi (sole propritor) 15 March 2013

thanks for all your valueable advice, first the custody after 5 years thing would have implied if my wife was alive, as she is no more i can get custody before also, secondly i have always maintained that parents of my wife where home breaker in our happy matrimonial life, third i live in joint family and my mother and bhabhi is there to take care of him, fourthly i dont have any criminal or bad record against me, and fifth wont they teach wrong things to my son in my absense. my case is simple my wife is no more, i am alone the legal guardian of my son his natural father, and i just want permanent custody, i cant even think of leaving him with his grandparents for 5 years, they are evil people, they dont even let me see him and are verbally abusive.