• Guardian Act 1890 section 7

After my wife's suicide, my children's ( baby boy 9 & 3 years) custody with my brother in law forcefully and he claimed guardianship at court. I have been replied in court but he is not replied to court too long time ( 9 dated passed out) . Also he is not allowed me to meet my children or talk telephonically. Answer me following please.
1) how long should I wait for custody? 
2) can I take custody before case decision?
3) can I do other case on him like manhani/ loss of children's future etc to take pressure on him?
4) if my children given statement against live with me, as brain washing of him by them, children's custody can I got or not?
5) my lawyer said that if op replied then after I should do something till wait, is it true?
Asked 7 years ago in Civil Law

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7 Answers

1) wait for court orders on custody application

2) you should not take forcible custody

3) welfare of children is paramount consideration

4) court would consider children wishes in deciding custody application

5) act as per your lawyer advice

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. The delay is unexplained.unless the reason of delay is know no comment can be made on its timeline.

2. No

3. No

4.Then getting custody would be very difficult.

5. Yes but delay is 9 dates is very unusual.So try to find out the reason of delay.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

first you should take visitation right and meet your children at least twice in a week. thereafter you should file a writ before the high court for early disposal or expedite hearing of your case. then district court cannot grant any unnecessary adjournment. according to the guardianship act, court is bound to see welfare of the child more or less father is the natural guardian and he has right to take custody of his child, his right cannot abridged or taken away by the court until he is found unfit for care of the child or court satisfies that father's custody would be injurious for the welfare of child.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

If the judge can understand the brainwashing then you have a chance.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

in k m vinayaka vs b r srinibala it is held by the supreme court that father is the natural guardian, he has paramount right to get custody of his child irrespective of the fact that mother is died and it is welfare for the child to remain in custody of his maternal uncle.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1) seek visitation rights pending disposal of guradianship application filed by your brother in law

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1) how long should I wait for custody?

Till the court decides on it.

2) can I take custody before case decision?

No that will be illegal.

3) can I do other case on him like manhani/ loss of children's future etc to take pressure on him?

Decide based on the circumstance

4) if my children given statement against live with me, as brain washing of him by them, children's custody can I got or not?

Sometimes the trial court may pass such orders, of course they can be challenged in the appeal.

5) my lawyer said that if op replied then after I should do something till wait, is it true?

Yes, you may have to wait for they to file reply or counter to their petition.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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