• To get my 3 years daughter from my in-laws

Sir, my parents and me were in jail under section 304b and 498a. My parents got bail after 4 months on behalf that they were living separately and i got bail after 15 months on behalf that i bought property on my wife's name and there was not any demand of dowry in the e-mails exchanged between my wife and me.They took my 2 years old daughters from house on the same day the incident happened.Since we r on bail, Pls advice to get my daughter back, she is now 3 and half years old.
Asked 3 years ago in Family Law from Hanumangarh, Rajasthan
Religion: Hindu
Hello,

Thank you for posting your question.

Since the mother of the child is no more, that means you, the father, are the natural guardian of the child.

In order to obtain the custody and guardianship, you may file an application under the Guardianship and Wards Act. And legally also, under the above Act, being the father, you are entitled to get the guardianship of your daughter. 

Additionally, in order to create pressure on your in-laws, you may file an application under section 97 of the Cr.P.C. also stating that your daughter has been wrongfully confined by them.

However, the correct procedure is to file an application under the Guardianship and Wards Act.

Do let me know if you have any further query.

Regards,
Nishant
Nishant Bora
Advocate, Jodhpur
111 Answers
31 Consultations
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Your in-laws have no right to keep your child. During the lifetime of the parents the paternal or maternal grand parents of the child cannot claim any right to keep the child with themselves, and deprive him/her of parental love. Go ahead and file a case for child custody and claim the exclusive custody of your daughter.
Ashish Davessar
Advocate, Jaipur
18171 Answers
449 Consultations
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