My son married 2yrs back immediately it was found my daughter In-law was pregnant. Even after my son not interested we forced to accept it as god gift. With in 3monts she went to her parents house for ashad and stayed there till delivery. After delivery in 5th month daughter In-law returned. For every small things she fight with my son and threaten to go to her parents house.aftef some time even she threaten to file a police complaint in domestic violence act and my son took her and dropped her. After that her father apologize and bring her back and assured the same will not happen. Later she wants to separate form us we kept them by arranging all requirements. They put our grand daughter with us as both are working. But their differences deepen and she went off in a plea that health conditions are not good. Now she is not coming and my once asked them to come and after that he also adment. Now our grand daughter becameing in active and she stopped her sim also. I this circumstances what is the solution we don't want to encourage any separation keeping the baby future and what is our right to meet her and to take any better steps for our granddaughter.
See first your son can file a restitution petition if he wish to continue the marital life in case he does not wish to you don't have remedy to file any case on her or.cannot force her to reconcile with the son. So your son has to take step.
Further since custody of.child is with you , you can continue with same.
Your son can file petition for RCR under section 9 of HMA if wife refuses to return to her matrimonial home
2) seek joint custody of daughter
3) court woul d award father visitation rights
4) there is no law which grants grand parents visitation rights
What is the ideal way to convey both to live together and take care of the child as father to my son and father inlaw to my daughter in-law and grandfather to the 2ys baby I am to take any step advised. But patents of my daughter in-law encourageing her by taking the advantage of our week point of grand daughter.
Both should visit marriage counsellor to resolve their differences
2) both should stay separate with minimum interference from parents and in laws
See since child is with you and further child is.ordinarily residing with you you continue with the custody.and in case daughter in law goes for custody you can contest same and keep the custody.
Further see you should try first talking to son and daughter in law should mitigate there differences ask them to take counselling for marriage and to try further
Further if that is not done you can ask your son to file restitution but see they both only have to take steps you can contest the custody of child though.
Your son can file HMA section 9 RCR and also You can approach the mediation centre In court of your local jurisdiction.try to settle dispute amicably through an mediator.
In case the child is accepted in the family so it will be better for the family to go and with this arrangement and for any behavioural problem you may go to a marriage counselor or psychatrist as the case may be fatherfather counselling which may change the behaviour of the daughter in law and Son
Father is the natural guardian of the child. This is the legal position, so your son has a strong case for guardianship rights of the child. Kindly consult me further and seek appointment by calling me
Grand daughter is not with us she is also with my daughter in law we want to take care of her my son also don't want any further marriage idea. Can we get custodian of her either my son or our family
You would not get custody of your grand child
welfate of child is paramount consideration
your son can seek joint joint custody of his child
court would award him visitation rights at least
if the granddaughter is residing with the daughter in law and previously it was with you then you can claim the custody of the grand daughter in court either filing application as grand parents or through son and least pray for visitation rights
File petition for restitution of conjugal right. Send her notice regarding same.
Basically, you cannot claim any rights over your granddaughter especially when her biological parents are living and are at loggerheads.
If your son is not taking any interest towards his daughter's welfare you cannot interfere in it.
They both hav to resolve their dispute by getting into an amicable solution or by approaching court of law for legal solutions.
Don't worry about her threats for false DV case, you can challenge them once it is filed on merits and documentary support.
This cannot be solved by interference of parents of either side because no consensus will be arrived if both the sides try to explain their own justifications.
If the situation is not under control then the matter may be referred to mediation or before a marriage counselor.
If no solution is arrived in the counseling also then the next alternative is to approach appropriate court of law for relief and remedy.
The custody of an infant child shall be with the mother of the child till it attains5 years of age.
However your son can file a Petition seeking visitation rights to meet his daughter periodically as per the schedule he may present it before court.
Dear Sir,
Before issue ripens it is better to issue a strong legal notice through an experienced advocate bringing everything on record about her character and see that she may change her attitude in future failing which her husband may go for divorce which is easily available on the production of marriage card/marriage certificate and date of birth of child. This divorce will be available without any alimony. Let the other side know about her rights in your family.
