• Grandparents right

My daughter passed away with covid and her daughter was 9 month wen she passed away , it’s coming upto 2 months , the husband is not allowing us to visit the grandchild , also on phone he is very rude , the calls r occasional , most of the time he don’t pick call , don’t answer messages , we r 78 yeard old, we live in Jhansi and he lives in Bangalore , how can we make arrangements
Asked 4 years ago in Family Law
Religion: Christian

9 answers received in 1 day.

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10 Answers

Make an application to family court in Bangalore seek visitation rights of  your grand daughter 

 

2) court would grant you visitation rights 

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

You need to apply for visitation rights in court if they dont allow you to visit child

Prashant Nayak
Advocate, Mumbai
34652 Answers
249 Consultations

You can file a petition before court seeking custody of the infant child for the reasons you may rely upon and also file another application in the same case seeking visitation rights to visit your grandchild periodically as per the schedules that you may give it in the application. 

Legally speaking, the biological parent shall be the guardian and custodian of the minor child, the grand parents cannot claim rights over it during the lifetime of either of the parent until and unless the child's safety or well being is at peril. 

T Kalaiselvan
Advocate, Vellore
90165 Answers
2505 Consultations

You cannot demand your son in law to behave  politely and in a humble manner with you against his wishes.

There is no law binding him to behave with you in the manner you expect him too, you may ignore it and just stop contacting him anymore. 

T Kalaiselvan
Advocate, Vellore
90165 Answers
2505 Consultations

It is not elderly abuse 

 

grand parents can seek court orders and obtain visitation rights for grand daughter 

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

- As per law, a grand mother is the legal guardian of the grand daughter , and hence you can approach to the family court for getting the custody of the child or a visitation right as well. 

-  Further , the welfare of the child is main ground.for deciding of the custody . 

- However, this case can be filed at the place where the child presently residing. 

- Further, for abusing and threatening , you can lodge a compliant against him before the police of your jurisdiction.

Mohammed Shahzad
Advocate, Delhi
15836 Answers
243 Consultations

What do you mean by elderly abuse."

He has not called you over phone and started to abuse you, he has replied in the manner known to him while attending your calls, hence if you are hurt by his behavior, the best option before you is to not continue the relationship with him anymore.

You cannot get any relief or support from law on this.

He has not committed any offence agaisnt you.

You only invited this trouble to yourselves, therefore, once he is not interested to talk to you people you cannot level any allegations against him with regards to his behavior or manners while talking to you over phone. 

If he is not talking properly then you don't have to talk to him at all.

 

T Kalaiselvan
Advocate, Vellore
90165 Answers
2505 Consultations

It is but you need to approach court for the same

Prashant Nayak
Advocate, Mumbai
34652 Answers
249 Consultations

Dear Client,

                 According to World Health Organization, elder abuse can be defined as “single, or repeated act, or lack of appropriate action, occurring within any relationship, where there is an expectation of trust, which causes harm or distress to an older person” and although not explicitly stated as a Fundamental Right, the judiciary reads the rights of the elderly as a facet of Article 21 of the Constitution.The younger generation of the family needs to realize and acknowledge the sacrifices made by their elders to make them who they are today. Hence, when the older people become weak, the younger members need to look after all the needs and wants of them.Grandparents have automatic legal "rights" to see or "visit" their grandchildren. But in some states, they may have rights to petition the court for visitation in certain situations frequently in the case of families separated by events such as divorce, incarceration, or the death of a parent.

The law does not give grandparents any automatic rights to see their grandchildren. So, in almost every case, parents can keep children away from grandparents if they choose to.This doesn’t mean grandparents have no other options. Those options usually involve repairing the relationship with their adult child as this is often the reason for parents preventing their children from spending time with the children’s grandparents.In situations where this proves difficult, a professional social worker or mediator can help find a resolution.

Thanks & Regards

Anik Miu
Advocate, Bangalore
11051 Answers
125 Consultations

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