Father is natural guardian of child 

you have to apply to family court for custody of child 

welfare of child is paramount consideration 

Well, it is well settled by numerous decisions of the supreme court as the father if remains alive and is willing and otherwise  fit to take care of the child then in his presence who is natural guardian of the child as well the maternal grand parents have no preference of custody.

However if you indeed think the child would be much safer now then you can talk to the father and keep the child till she grows few months old.

Father is natural legal guardian. First custody right. Request him.

Court may grant you child custody only if no female at husband family to look after child and/or rare possibility of good child Upbringing and welfare at husband family.

Welfare of the minor child is the paramount consideration while granting custody.

The child should remain with the father. The maternal family has a right but only when the father is unemployed and does not care for the childm

you (maternal family) can file a civil suit to claim the custody of the new-born child,

The mother usually gets custody of the minor child, under the age of five but after five it can be given to any parent.

in the absence of the mother due to the sad demise and taking into consideration the age of the child, the closest female relative of the deceased mother can make a claim for the custody,

various factors are considered while deciding custody petition like financial status, the welfare of the child, will/consent of the child, educational status, living standard, place, extra amenities, etc

The most important factor is the BEST INTEREST OF THE CHILD.

The earning capacity of the parent does not determine custody, but the capacity to provide a safe and secure environment does. Even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.

keeping in view the above facts, you can prepare your defense.

See you may citing welfare of child file for custody of child in court. In case father that is natural guardian of child is there the custody will be with him.though court may depending on circumstance grant you custody or visitation rights for welfare of the child.

- After the death of mother , the father will get automatically custody of the child, but it is not a strict rule and is primarily decided based on the child’s interests.However the choice of a child above the age of nine is considered, 

- Further , if the father is not willing to take the custody of the child or if the court thinks that for the welfare of the child , the custody to the father is not fit , then even a third person may be allotted the custody of a child , and in this situation , the maternal mother is the preferential to get the custody.

- Further, to win sole physical and legal custody, you should show the court that awarding you custody is in the best interests of the baby child due to factors such as your existing relationship with the child, stability of the home life you provide, inability of the father to meet the child's needs; father's lack of involvement in day to day need of a baby child.

- Hence for getting the custody of the baby child , maternal family should file a case before the court . 

Dear Sir,

Adoption under Hindu Law

As per Hindu Shastra, it is believed that the adopted son is a reflection of the natural son of Adoptive Parents. This helps in guaranteeing the protection and care of the adopted son. Once a child for good is separated from his biological parents and becomes a legitimate child of his adoptive parents, he has all the rights that are related to adoptive parents. This means the adoptive child cannot marry the other adoptive child or real child of his adoptive parents.

Who is allowed to Adopt a Child?

A married or unmarried male, a married or unmarried female, NRI may adopt a child.

Under the Hindu Adoption and Maintenance Act, 1956

Any male Hindu, having a sound mind, a major, and is eligible for adopting a child can adopt a child. If the male Hindu is married and wants to adopt a child he has to take the consent of his wife as well before adoption, and the consent should be free.

Any Female Hindu, having a sound mind, a major, and is eligible for adopting a child can adopt a child. If the Female Hindu is married and wants to adopt a child she has to take the consent of her husband as well before adoption, and the consent should be free.

Conditions for adoption by Hindu couples or single parent

1. When a Hindu male or a Female want to adopt a son, they should not have a son living whether legitimate or illegitimate, at the time of adoption.
2. When a male or a Female Hindu want to adopt a daughter, they should not have a daughter or son’s daughter living at the time of adoption.
3. If a male wants to adopt a daughter, he should be at least 21 years older than the adoptive daughter.
4. If a Female wants to adopt a son, she should be at least 21 years older than the adoptive son.

In personal laws like Muslim Law, Christian Law, Paris Law, the condition for a valid Adoption are not at all given so if they have to adopt a child they can adopt as per the Guardians and Wards Act. But according to the adoption under the Guardians and Wards Act, the person becomes a guardian of the child and not the adoptive parent. And when a child becomes 21 he will be treated as an individual entity.

In Mohammed Khan v. Muhammad Ismail

In this case, it was held that, if a Muslim person has a desire to adopt a child he can do so by applying under the Guardians and Wards Act.

In Hindu law, the different provisions with respect to Adoption are given but in personal laws like Muslim law, Christian Law, Parsis Law, no separate laws are given so they have to approach the court for adoption under the Guardians and Wards Act, 1890.

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Adoption – Procedure

Juvenile Justice (Care and Protection of Children) Act, 2015

Central Adoption Resource AuthorityMinistry of Women & Child DevelopmentGovernment of India

Frequently Asked Questions (FAQ’s)

http://www.cara.nic.in/PDF/faqs.pdf

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Types Of Child Custody Arrangements In India

Primarily, a court of competent jurisdiction in India orders the custody of a child in the following three forms:

Physical Custody

Physical custody when awarded to a parent, implies that the minor will be under the guardianship of that parent with visitation and periodical interaction with the other parent. The aim behind such a custody award is that the child lives in a safe and fulfilling environment but is also not deprived of the affection of the other parent during his formative years.

Joint Custody

Joint custody of a child does not mean that the parents will both live together because of the child even though that what Indian courts believe is best for the welfare if a minor. It simply means that both the parents will take turns keeping the child in their custody. The rotation of a child between the parents’ custody may vary from certain days or a week or even to a month. This not only benefits the child as the affection of both the parents is not lost and the parents also get to be a part of their child’s life in those young years.

Legal Custody

Legal custody of a child differs from physical custody in more ways than one but the fundamental difference between the two is that legal custody does not necessarily entail having the child with you or being with your child at all times. Legal custody of a child basically means that the parent granted the legal custody takes every decision for the child. From where will the child study and what doctor will the child be treated by is part of legal custody. In most instances, courts grant legal custody to both the parents together but if the divorce is messy and the parents are, apparently, never going to agree with each other, the court grants the legal custody of the child to one parent.

 How Does One Know That What Type Of Custody Has Been Granted?

Unless and until the order of the court specifically mention conditions similar to the ones discussed above, the parent who is awarded the custody of a child is not just awarded the physical custody but also the legal custody. Any other type of custody will be specifically mentioned in the order of a court and made clear to both the parents.

Who Can Claim Custody Of A Child?

The custody of a child can be primarily claimed by either the mother or the father. In case either of the two are deceased or not in the picture because of operation of any other law, the maternal and paternal grandparents, any other relative(s) of either of the parents strictly out of compassion towards the child can seek custody of the child. The Court can also appoint a third person to be the guardian of the child.

Who Has The Priority Claim To The Custody Of A Child?

The Hon’ble Supreme Court and other courts in India have reiterated time and again that in the proceedings for custody of a minor, the welfare of the minor is the only consideration, irrespective of the claims of the parties to the custody.

Respected sir ...

For that you have to file a petition under section 26 of HMA where you have to claim that better future of child is with you not with them ....you only need to prove this thing then child will be handed over to by the court order ...just hire an advocate he will file child custody after lockdown...

Thank you

It depends on your if didn't want to give custody let them challenge it in court. Otherwise provide the same

Except father and mother nobody has any right to custody of a child. 

Simply deny to give them custody. 

Father has a first right being the natural guardian, however, paramount consideration in the custody of the child is betterment of the child.If, you can prove that the child is not safe with the father, then you can ask for custody, however, the same is very difficult to prove.

It all depends on father.

If he wishes to give custody than get it notified with the authorities. 

If he doesn't want to give custody and the matter goes to court than the father have to prove that he will and can take care of the child in all aspects 

As per law the child shall remain in the care and custody of it's biological parents and not with the grandparents.

The father can legally claim it as a right to have the custody of the infant child.

Mother & Father are natural guardians of the child, in your case since mother passed away the Father who is natural guardian, will have custody of child. 

However, considering the fact that child is infant, her father may not be able to take care of the child, as such, talk to him if he agrees you can take child and take care of the child.

If he refuse, you have to file application before family court for custody of child.

Sum and substance is, the welfare of child is of paramount importance, either you take care or the father takes care of the child, better decide by across the table discussion.

1. If father is the only surviving parent then he is the natural guardian of child.

2. During the lifetime of father the maternal grandparents of child cannot get the custody except if they can prove that conduct of father is detrimental to the welfare of child, but they can get visitation rights.

Dear Querist

then what is the issue? if both the parties are ready then it can be possible. if the husband/father of the child is not willing then nobody can snatch the child from him as he is the father of the child.

settled the matter amicably. 

you can file a suit for the custody of the children in Gurdianship and Wards Act. Time and again the paramount concerned of the Court is for 'welfare of the child'. A suit can be filed stating therein all the facts

1. You can file suit to claim custody of your grandchild but father is natural guardian of child.

2. You will need solid grounds against father of child to claim custody of your grandchild.