Hello,
I understand this situation but legally younas maternal grand parents can not claim the custody of the child. Also, bear in mind that mother i.e., your sister is entitled to file all kind of cases and bot you.
Regards
Divorce and custody of child
My sister got married 8 years ago through newspaper advertisement, from these many years my father have been feeding this man, he doesn’t want to work , my father is retired now and can’t fulfill his unwanted demands now however my father has made arrangements to financially support my sister and her 5 years old son . This man has been an alcoholic and was being sacked from his previous companies for doing some frauds. He has sold my sister’s gold ornaments used her savings now she has left with nothing. We have asked for divorce but my sister is scared of divorce, she doesn’t want to stay with him but don’t want to say anything about him in front of police or court as she loves him , she is under depression, in this case what would happen to the child ? Can we as his mother’s parents claim for his custody? This man doesn’t want to leave the child. Also he is threatening us with various things like he will commit suicide or he will do a case on us for kidnapping his child
Asked 6 years ago in Family Law
Religion: Hindu
14 Answers
Hi, she can legally file for child custody in court .. The court considers the Quality upbringing of child , in granting the custody of child to a parent .. She also can file for monthly maintanance from her husband for herself and for child ..
Let me know if I can be of further help.
Either of the two, i.e, the mother or the father are best suited to have the custody of the child. Though, there's no bar as to your claim for custody, but it I'll be have to be proved before the Court that you're better placed in comparison to the two, to claim the child custody.
You can claim custody of the child but only after your sister will agree to live with you. If you sister agreed to live with you with her parents then parents can claim custody of the child under guardians and wards act because it is in Welfare of the child to keep him under custody of is maternal grandfather. This man has been alcoholic and also he has no means of earning so he cannot take proper care of the child in this scenario the port custody of child in his maternal grandfather
You would not get your grandson custody
2) father is natural guardian of child
3) best option is for wife to leave her husband return to her parents residence
4) file for divorce on grounds of mental cruelty, claim custody of child
My sister is living with us from 2 years and does not want to live with him anymore but she is scared of saying anything in public, this man is taking advantage of that and threatening us saying “u can do case , 10-10 saal tak court mai cases chalte hain” also he is not willing to pay any maintenance amount and other amount which my father has given him all these years. Amount given to him by my father till date apart from wedding expenses is about 27 lakhs in terms of his rent , car emi’s , flat’s emi’s , his credit card bills etc
Asked 6 years ago
You may easily file a case for maintenance and may claim the alimony also after filing the divorce. Such cases wont last for 10 years.
Regards
Immediately file for maintenance by way of approaching the Family Court.
In case you're contemplating to file for divorce, this 27lac can be attempted to be recovered by moving a separate application under section 27 of the Hindu Marriage Act.
1) your sister should claim maintenance from her husband for herself and child
2) also file for divorce on grounds of mental cruelty and seek custody of her child
Just for the fact he's a nonchalant personality, doesn't mean that you won't do anything. If there's no hope of any improvement in this Marital tie, your sister will have to take recourse to the Court, sooner or later.
1. The issue of child custody has to be decided by the court irrespective of the merits of the divorce case.
2. Your sister is free to file a petition for child custody under the Guardians and Wards Act. Ordinarily, the courts lean in favour of the mother when it comes to adjudicating a dispute of child custody, but the paramount consideration for the court is welfare of child. Since the father of child has had a dubious past where he was sacked from the companies for fraud and does not have any source of income the mother is entitled to the custody of the child as she is better placed then father to secure and promote the welfare of child.
3. Neither parent can be tried for the kidnapping of child, so ignore his hollow threat.
Now the time has gone to linger on the case for 10 or 20 years. If opposite party try to linger on the case deliberately then the court has power to declare the case as ex Parte. You can also approve the court under section 151 of the code of civil procedure for expedite hearing of the case. In this condition you should initiate a legal proceeding against him. Should not be worried that you will not get justice.
You can recover all that amount from him because according to the judgement of DK Bala versus state of Andhra Pradesh all such gifts shall be treated as Dowry and according to dowry prohibition act you can recover all the amount from him, and it is also a punishable act and he may be sentenced by the court under DP act.
While the biological parents are living and are hale and healthy, there is no reason or any justification for the grandparents to claim custody of child.
It is against the law and natural justice too.
Your sister cannot tolerate such tortures anymore.
She has to decide to quit this married life once for all to get relieved from tortures, cruelties and harassment.
Let him give any threats, she should ignore the threats, in fact he can even file a DV case and also can lodge a criminal complaint with the concerned police about this.
It will depend on your sister's decision only, you can convince her.