• Child Custody

My brother got divorced in 2017 and the child custody is with my ex sister in law. Recently, my ex sister in law is planning to get married but ignoring the welfare of the kid.
The man whom she is planning to get married does not behave well with my niece and apparently creating trauma in the 8 years old girl's mind.
For the last 4 months when my brother goes for weekly visits, they try to avoid it and last week my niece was sobbing that she wants to come home with my brother and does not want to stay with her mother.
Can we bring our niece back home to us legally?
Asked 6 years ago in Family Law
Religion: Hindu

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15 Answers

Bring her back and file custody application in court and request for interim relief. Present niece in court. Court will interview her and in custody matters,paramount importance is child welfare.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

File application in court for reconsideration of the custody  order due to material changes in relevant circumstances since the order is passed. Court may alter or modify the order according to the needs of prevailing circumstances.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

your brother should file for child custody 

 

2) welfare of child is paramount consideration 

 

3) court would consider wishes of child before awarding child custody 

Ajay Sethi
Advocate, Mumbai
100088 Answers
8173 Consultations

Yes you can, immediately lodge an FIR and simultaneously a custody case tag your parents in it for the safety of you and the child, apply your mind calmly, without aggression

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

Dear Sir,

Yes, your brother can definitely get back his minor daughter from the custody of her mother or your brother wife if it can be proved that she has got re married some one else. In this case your brother have to file a case before the court having competent jurisdiction.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Yes you can. File an application for custody due to the change in circumstances. The court shall grant custody of  the child.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Client,

As per facts, your brother has to file an application before a family or civil court for Custody of Children. 

if Hindu- sec. 26 of Hindu Marriage Act, 1955

if Christian- Sec. 41 of the Divorce Act, 1869

if Different Religion -  Sec. 38 of the Special Marriage Act, 1954 

 

Plz call me through KAANOON for more.

Mukesh Kumar
Advocate, Jaipur
92 Answers

Yes you can file custody petition in court and get thr custody of child. 

Prashant Nayak
Advocate, Mumbai
34748 Answers
252 Consultations

You have to file a petition for the custody of the child as your sister in law is intended to get married and in this case the the custody of the child may be awarded to the father fighting the reasons you specified in your system also increase the child is more than 5 years of age the custody of the child will go to the father of the child

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. It is really disheartening to know that the lady is behaving like an immature person and is getting jealous with a 8 years old child.

2. Since her biological father and step mother is alive, you can not bring the child without the consent of your brother.

3. Now if your brother is willing then he can keep the child with you and considering the conduct of his wife, the child can very well be brought up by you without any hassles.

4 I wonder whether it is good choice on the side of brother of his wife is not taking care of 8 years old infant. His future as regards marital life does not look bright.

Devajyoti Barman
Advocate, Kolkata
23669 Answers
538 Consultations

Your brother can file a petition for child custody in the court. he need to prove in the court that he is in  better position to take care of child and ex wife  is unemployed and she is going to remarry. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Brother can file for child custody petition before the family court. Seeking custody on ground of welfare of child and on ground that child is not happy there and mother is not taking care of him/her/

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes your brother can take his daughter with him when he goes to meet her next time.

And then file the case for custody in court by producing her before court. If daughter give the statement in court that she wants to live with father then custody will be granted to father. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If your sister in law was given custody by court then he cannot bring the child home at his will and wish.

It may be considered as contempt of court and punishable under law.

He can apply for revision of the court order in this regard based on the changed circumstances and can plead the incidents in his revision petition and can seek child custody on the same grounds.

 

 

T Kalaiselvan
Advocate, Vellore
90291 Answers
2513 Consultations

1. Since your niece is 8 years old, your brother can claim her custody being her natural gfuardian now.

 

2. It will be legally excellent for your brother  le4gally if he files a child custody case after she remarries.

 

3. It is a good case to win the child custody case for the welfare of the child.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

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