• Guardianship and ward act

Hello! My wife committed suicide at my in-laws home and I got arrested under 306 IPC. I was in remand for 45 days and currently on conditional bail. My 18 months old son is at my in-laws place now. Please suggest how to get my son as soon as possible. I was not allowed to do my final rites to my wife and my son was taken away from me from the hospital. Please help. I need to see my son soon and he is the only reason for my life now.
Asked 8 years ago in Civil Law

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4 Answers

file application before family court and seek custody of your minor son

2) you cna go and visit your minor son .

3) if in laws refuse to permit you to meet your son seek police assistance in this regard

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

In such cases the child is often played as pawn in the ongoing war.

Since the child is with his maternal grand parents you will have to file a suit for custody of the child.

In such custody suit the court is only concerned with the welfare of the child.You being the father dies not enjoy any extra rights.

So in the suit if you could prove that future of the child is not secured with his grand parents then you can get visitation rights.Elsenot.

However during the pendency of the suit which takes some time you will get visitation rights to meet the child periodically.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1. merely only filing of FIR and taking judicial cognizance of the case does not preclude father from custody of his child, unless it is proved that father's custody may not be in welfare of the child.

2. you can file a petition before the district judge court under guardianship and wards act for custody of the child.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Under the situation you need to file a petition seeking child custody on the basis of the natural guardian to the child being the biological father to the child.

You have all the rights to take care of your child, the pending criminal case cannot be a reason for dismissing your petition.

You may file a child custody case under the GW Act.

Consult a local lawyer and proceed as per his advise

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

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