You are required to file a custody petition before the family court. You need to fight for visitation rights and physical custody at the very least which you may be granted by the court on certain conditions.
I want my daughter back
Dear sir/madam, My wife committed suicide on 8th Oct 2014. That time my daughter was age of 14 months. She was in my in laws home. My in laws did case against me which I found not guilty in the year of dec2016. Then several time I asked my in laws to give my daughter back. But they refused. Then I went to DCPU( district child protection unit). DCPU arranged meeting with both team. But my in laws didn't come after first sitting. Now my daughter is almost 6 years old. I want her to return. I don't marry again. I have my mother. My father in law's is past away and mother in law is old. My brother in law is just 24 years old and student. I am working in a MNC company. Kindly let me know how I can get back my daughter ASAP.
Asked 6 years ago in Family Law
Religion: Hindu
22 Answers
There was no custodian judgement had been given by the court.
Asked 6 years ago
You need to file a custody petition before the family court seeking custody of the child on ground of that you are biological parent and need to take care of your child.
File a custody petition before the court.
Is there any change to get my daughter in my custody then let the case run? So at least my daughter will be with me during the case process. Also shall I file a case in SDMC( sub division magistrate court) u/s.97 crpc. And police will rescue my daughter and hand over to me. Also is there any chance that court will keep my daughter in child home. I am scared for that. Kindly advise.
Asked 6 years ago
See.you can seek interim custody only if the court allows same you will get her custody pending the case.Further she is not in illegal detention to rescue so such case is not possible.
A habeas corpus petition should be filed in the hc in Kolkata against the brother in law and mother in law for forcefully keeping the daughter with them. The court shall summon both of them along with the daughter and hand it over to you as they are not guardians.
Regards
File for her custody in family court you will get it
You can file petition seeking sole custody of your child
welfare of child is paramount consideration
court should award you visitation rights
file pie petition seeking sole custody of your child
You may not be granted interim custody till case disposal
daughter would not be kept in child home
Father is the natural guardian under Section 6 of the Hindu Minority and Guardianship Act. The Supreme Court of India has consistently held that in deciding cases of child custody ‘the first and paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute. Gender equality is one of the basic principles of our Constitution, and, therefore, the father by reason of a dominant personality cannot be ascribed to have a preferential right over the mother in the matter of guardianship since both falls within the same category. Gender was not a consideration in deciding matters of child custody and guardianship.
File an application for custody of child. Interim Custody is awarded by the Court during the pendency of the case before it. Generally, the Court awards interim custody when such an order does not affect the overall development of the child and same is in no way prejudicial to the interest of the minor.
File custody case through a competent lawyer, you will get back your daughter. It needs to be well framed
Go with police and take back your child.
Father is first legal guardian of child. You are entitle to child custody. File petition in Court. Police will not interfere.
File a case to claim the custody under the provisions of the guardianship and wards act.
Regards
You will have to file the same at the place where the child is situated.
Regards
You will get the visitation rights during the pendency of the case and the final relief will be granted at the time of deciding the petition finally.
Regards
You must file a police complaint against your in-laws for kidnapping
You file a child custody case and make strong pleadings on the basis of the prevailing circumstances for staking the claim for your child's custody.
The DCPU may not be an effective organisation for this purpose.
Since you have not applied for child custody you cannot expect any such judgment in your favor.
The best option before you is to file a child custody case under guardian and wards act before a court competent.
Do not think of any other option since they may not be feasible or effective.
- As per the information mentioned in the present query, makes it clear that you have been guided so far for all he lengthy and non effective measures to get your daughter back.
- You are the biological father of the child and not married again also.
- You should simply file an application for the custody of the daughter in the ground stated above by you itself.
- And I am pretty much sure that you will get your daughter back by the court of law.
Dear
You should file a custody petition of your child in court for sole custody of your child as you are only guardian of your daughter the court will grant you the custody of your daughter.
Court will not grant you custody till disposal of case. But can grant you visitation rights.
The court will not order for sending your daughter to child home in any condition.
