• Getting custody of my two sons from illegal custody of my parent

Complaint

 
Sub. : Complaint against my parents : For providing custody of our two sons to us from their wrongful and illegal, custody.
 
Respected sir,         
 
I was married to Dr. ---accordance to the wishes of my parents on 23.6.99. Out of wedlock my two sons, namely -- and --were born on 17.6.2000 and 29.6.2001. It is relevant to mention here that I am the only child of my parents. My father is a professor retired and mother who was a teacher ,took retirement. 
 
My husband's posting was in --district and my parents were staying at Jodhpur. Though me and kids used to stay with my husband but I regularly visited my parents and took care of my children as well as my parents. My sons were studying at Jodhpur. I did this to make my parents overcome the sentiments & isolation which they may not feel.
 
Later thereafter in May 2009 I got job in Central govt, Jaipur and I shifted in a rented flat at ---, Jaipur. After sometime my husband was transferred to Jaipur and our entire family also shifted to Jaipur. My parents also shifted from Jodhpur to Jaipur in the same Flat. 
 
My son --developed bilateral hearing loss diagnosed as SNHL in Feb.-,11 and to preserve stem cell for his treatment we planned one more baby. On 24.4.2012 our third child---, a daughter was born. As I had to look after my daughter, my visit to my parents was reduced. My parents took advantage of this position and exploited the same in worst possible manner that no one can even imagine. They did everything possible to become sole custodian our sons and deprive us - natural parents from children.
 
My parents started treating them as their own sons and have slowly and gradually retained custody of my two sons. Initially, my two sons’ staying with their grand parents was taken by me and my husband in good spirits,  looking to the old age of my parents and as a part of duties towards them and our good faith/trust we allowed our children to stay with them so that they do not feel lonely/ insecure and they would have company of two kids which would keep them occupied. But this good faith turned into an possessive attitude and gradually we were not allowed to meet our own kids. Whereafter my parents took charge of being their sole custodians before the school authorities and in actual life. When the dispute arose, the family members tried to reconcile the same and save the situation but due to adamancy/obstinacy of my parents all conciliation have also failed. My parents with their highly nefarious and evil designs have totally brainwashed, polluted and poisoned our young children to such an extent that they refuse to come to us, stay with us and even talk with us.  Moreover, when I tried to contact my kids, my parents made a complaint to the Child Care Help Line.
 
I have made all possible efforts to regain custody of my own sons as I am the sole custodian of the two, being the natural guardian and mother of the same. But due to attitude of my parents I am unable to get custody of my kids who are being psychologically monitored by my parents with the help of a psychologist.
I therefore request you to kindly provide me custody of both my sons at the earliest. Love, affection and guidance of natural parents’ cann’t be denied to children under any Law on earth.
Regards 
 
DR --------.
WIFE OF DR -----
Asked 1 year ago in Criminal Law from JAIPUR, Rajasthan
Religion: Hindu
Dear Querist
you may file a petition before district court or family court where the children ordinary residing and claim custody from your parents. being the parents, you and your husband have all rights for their custody and your parents are not legal custodian of the children.

fight the case on merit.

if the children are willing to live with you and your husband then nobody can restrain them to live with you and your husband.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1. Well, it is really surprising to know that your own parents are depriving their own child from getting custody of her own children.

2 However once it is done then we have to think logically. SInce lot of time has passed you have aggravated the situation as far as taking back custody of the children is concerned.

3. You can physically take the children with you. if they do nothing then you can keep the children with you and to retain their custody file a suit for injunction.

4. if you can not forcibly take the children for which a case for kidnapping may be filed. then filing s suit for custody remains your only alternative. You being the mother should be given preference to get their custody unless the children cry foul against you in court.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
1. Your parents have no right to retain the custody of your children. Their custody is totally illegal. 

2. You and your husband should immediately file a case for child custody to seek the custody of your children which has been taken away in the most unlawful manner. When the parents are alive the custody cannot be given to the grand parents. 

3. You may get the custody as early as within a month from the date of filing of your case. Do not delay anymore as delay can impair your legal rights.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. The age of your sons are 15 and 14 years,

2. You and your husband are the guardian of your kids for which no one can claim their guardianship seperately,

3. The problem is that it is totally depending on your sons as to with whom they will go and live with,

4. No body can force your sons to live with anubody whom they do not want to live with,

5. Your accusition that your sons are being psychologically monitored by my parents with the help of a psychologist will not be accepted by the Court,

6. Write a letter to the school & boarding authorities not to allow anybody else to meet your children in their interest,

7. Slowly try to win the hearts of your children to ensure that they finally agree to come with you.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Hi,
1. the natural parents have the legal right ot have the custody of their children and the children cannot now decide that they want to live with their  grand parents as there is no marital dispute on a  custody order they are living the grand parents.
2. the natural parents of the children can initiate legal proceedings of criminal nature and children may not have nay say in their preference of stay as the parents are there to take care of them.
3. Initiate a police complaint , if police is not ready to act, the parents should approach high court for its directions under  a writ petition.
4. The parents of the children will have to file a writ of Ha beaus corpus .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. Your problem lies in only one point now,

2. The problem is that your sons are not listening to you but their grandparents,

3.  Unless they start listening you, the problem is not solved,

4. Handle the problem very tactfully since there is no law in the world which can force your sons not to listen to their grandparents and listen to their parents,

5. You can write to the school boarding authorities not to allow your parents to meet them but it may make your sons very angry at this stage,  

6. Allow them some time and slowly try to be friendly with your sons to win them over.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. In custody matters the court is obligated to ask the wish of the children , more so, when they attain enough intelligence to reply on this issue.

2. In this case the children are more than 13=14 years old and ehence capable enough to make their choice to determine their de facto guardian.

3. In that event if they make their choice loud and clear then their parent hardly has any choice. The case of brain-washing can not be proved in court of law. If their welfare which is of paramount consideration for court is not hampered under custody of their grand parents then I regret to inform that their present custody would not be disputed even in favour of their aprent.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
a person is a minor in matters governed by the Indian Majority Act'-' till he attains the age of 18 years so minors are not able to take appropriate decision towards their guardianship. you should file application before district judge and take plea that at this stage they need special care and they have no affection in parent due to living with their grand parents, the Court have a power to appoint a juristic person as a guardian subject to certain safeguards if court found that life of grand parent and their capability to take proper care shall not be in benefits of child so court my order to appoint a juristic person like magistrate or court itself a guardian of the child and gradually giving you opportunity to live with them and prepare them to live with you.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0

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