• Guardian and Warden Act 1890 section 7

I have two baby boy 9 & 3 year old. After my wife's suicide, my children is at my brother in law's custody forcefully and he claim for guardianship at court. I want to my child and counter application given at court to take my child earliest, but he didn't reply at court and time passed 15 month. I am very frustrated for my children's future. Opposition make huge financial demand and want to kept it their custody. Kindly guide as possible as fast to take my children's custody. Can I get my children? How? Fastest legal way? Any else regarding cited case.
If any more information required please ask me telephone or email please.
Asked 7 years ago in Civil Law

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

6 Answers

Shyamrao Maroti Korwate v. Deepak Kisanrao Tekam, (2010) 10 SCC 314;

gaurav nagpal vs sumedha nagpal (2009) 1 SCC 42,

held by the supreme court that "father is the natural guardian of the child after death of mother. It is true that under the 1890 Act, the father is the guardian of the minor child until he is found unfit to be a guardian of the minor."

if you are fit for his guardianship then you will get custody of your children.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

father is the natural guardian of child

2) on mother demise custody should be awarded to biological father

3) welfare of child is paramount consideration

4) court can appoint another person as guardian of minor children

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

the general rule is welfare of child is paramount consideration

father should be awarded custody of the minor children

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1.i am not sure why there is no progress the case even after 15 months.

2. Without knowing the actual case status it is difficult to advise what was the fault.

3.Anyway first engage another advocate to take information and then on next course of action.

4.if it is due to slow act of the court then file petition in high court for expeditious disposal of the case.

5.it is highly improbable that the court would prefer the uncle of the children to the father. So pursue your case through a better lawyer.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) draw attention of court to fact that OP has not filed any reply although 9 dates have passed

2) last chance be given to respondent to file his reply

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

you should file a petition before the high court for expedite hearing of the case, high court may fix a time period for disposal of the case. district court cannot give unnecessary adjournment after expedite hearing order is passed by the high court.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer