Approach the child welfare committee about violent behaviour of grand son and inability to take care of him because of his violent behaviour
also file police complaint against aggressive behaviour of grand son
Old age grandparents want to renounce custody of son-in-law
My only younger sister expired in 2021. She had a son. Her son and her husband lived together for around 15 months. Then her husband sent him to a boarding school in Assam. Shortly after that, her husband married again. Her son would come back to their house during his school-breaks four times a year. We live in Agartala, Tripura and their house is also at Agartala. I myself stay at Kolkata. In July 2024 we came to know that as my nephew was back to his house during his vacation, he escaped from his house because his father and stepmother beat him up. The following morning, officials from Child Welfare Commission picked him up from the street and kept at a govt. facility. My father got the information and went to visit him. Child welfare officials also called his father and warned him about beating up children. But then, my nephew refused to go back to his home and demanded that he be sent to his grandfather, i.e., my father. My father could not refuse due to his high level of affection towards him. Thereafter, vide an order from the CHILD WELFARE COMMITTEE (Bench of Magistrates), my nephew was handed over to my father. The order also mentions that his father must handover his late mother’s assets, mainly jewellery, to his grandfather within 30 days.He did not comply with this part of the order. It is to be noted here that my late sister’s family and our family have not been in talking terms after her death. My father is 78 years old and my mother is 73 years old and both of them had surgeries and are suffering from various diseases. Their health condition may be best described as frail. My nephew, whenever he comes to our house during his vacations, puts them under lots of stress. His demands are endless and he even beats up my parents if they refuse to provide him with some expensive items etc. He regularly shouts profanities at them and becomes very violent if his demands are not met. We are afraid that one day he will cause serious bodily harm to my parents. Other people of our locality are also disturbed by him. We have tried to send him back to his father but his father refuses to take his custody. All my nephew's expenses including his school and hostel fees are being borne by my parents. Under the above circumstances, what recourse do we have. My parents want to renounce his custody. If needed, they will bear his expenses till he reaches the age of 18. Can his father refuse to take his custody? My nephew is 16 years old now.
Asked 4 months ago in Family Law
Religion: Hindu
8 Answers
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Your parents can renounce custody by filing an application before the Child Welfare Committee (CWC) citing:
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Their old age and poor health,
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The violent and abusive behavior of the child,
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The father's refusal to resume custody.
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CWC can then:
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Reassign custody to the biological father (who cannot legally refuse custody unless declared unfit),
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Or place the child in a government home or fit facility.
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If the father still refuses, the CWC can initiate action against him under the Juvenile Justice (Care and Protection) Act, including declaring him unfit and seeking maintenance.
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Your parents' willingness to pay expenses can be mentioned in their application — but custody must be renounced formally via the CWC.
I understand this is a very difficult and distressing situation for your family. Given the complexities involving child custody, child welfare, property, and potential abuse.
Here's a breakdown of potential recourses and considerations:
1. Renouncing Custody and Child's Welfare:
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Reporting to Child Welfare Committee (CWC) Again: Since the CWC was already involved and handed custody to your father, they are the primary authority. You should immediately report the current situation to the Child Welfare Committee (CWC) in Agartala.
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Evidence is Key: Document everything. Keep a detailed log of incidents, dates, times, what your nephew did, what he demanded, and how your parents reacted. If there are any visible marks of physical harm on your parents, photograph them. Obtain statements from neighbors if they have witnessed his behavior.
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Medical Records: Ensure your parents' medical conditions and recent surgeries are well-documented by their doctors. This can support their claim of frailty and inability to manage a violent teenager.
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Police Involvement: If your nephew causes any physical harm or threatens your parents, do not hesitate to file a police report. This creates an official record that can be used by the CWC.
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Parents' Inability to Cope: The CWC prioritizes the child's best interests, but they also consider the welfare of the caregivers. Your parents' age, health conditions, and your nephew's violent behavior make it a legitimate concern that they cannot provide a safe and healthy environment for him, nor can he provide one for them.
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Father's Refusal to Take Custody: His biological father has a primary responsibility for his child. His refusal to take custody, especially after being warned by the CWC, is a serious matter. The CWC can compel him to take responsibility or make alternative arrangements.
2. Legal Recourse for Custody:
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Petition to the CWC/Family Court: Your parents can file a formal petition with the CWC or the Family Court (depending on jurisdiction and specific procedures) stating their inability to continue custody due to the nephew's behavior and their frail health. They can request the court to:
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Direct the father to take custody: This is the most likely outcome the CWC/Court would aim for, as the biological father has the primary responsibility.
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Place the child in an appropriate facility: If the father continues to refuse, or if the CWC deems the father unfit, they might consider placing the nephew in a residential care facility for children in conflict with the law or a suitable boarding school where his behavioral issues can be addressed professionally.
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Mediation/Counseling: The CWC or court might also suggest mandatory counseling for your nephew and potentially for the father and stepmother to address the underlying issues.
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3. Recovering Your Late Sister's Assets (Jewellery):
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Enforcement of CWC Order: The CWC order specifically directed your nephew's father to hand over the jewellery within 30 days. Since he has not complied, you need to bring this non-compliance to the attention of the CWC.
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Contempt of Order: His failure to comply with a CWC order could be considered contempt. The CWC has powers to ensure its orders are followed. They can issue further directions or even initiate proceedings against him for non-compliance.
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Separate Legal Action: If the CWC's efforts are not fruitful, your father (as the custodian of the child and potentially as an heir to your sister's property depending on personal law) might need to initiate separate legal proceedings in a civil court to recover the assets. This would be a case for recovery of movable property/streedhan.
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Documentation: Do you have any proof of the jewellery existing or being in his possession (e.g., photos, witnesses, sister's will if any)? This would strengthen your case.
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4. Financial Support:
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Father's Responsibility: Legally, the biological father is obligated to maintain his minor child. This includes expenses for education, food, shelter, and medical care. If your parents are bearing all expenses, they can seek an order from the CWC or Family Court directing the father to pay for his son's maintenance.
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Voluntary Support: While your parents are willing to bear expenses until he's 18, this should ideally be formalized and possibly reimbursed by the father if the court deems it appropriate.
Regarding your nephew's age (16 years old):
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At 16, he is considered a minor, but his wishes and opinions will be given some weight by the CWC and court, especially regarding where he wants to live. However, his violent behavior and inability to live safely with his grandparents will likely outweigh his preference if it's not in his best interest or the safety of others.
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His behavior (violence, profanity, demands) is a significant concern and needs to be addressed professionally, possibly through counseling or a more structured environment.
Immediate Steps You Should Take:
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Consult a Lawyer: This is the most critical step. Find a lawyer in Agartala, Tripura, who specializes in family law, child rights, or civil law. They can guide you on the specific legal procedures in your jurisdiction.
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Gather Documentation:
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Copy of the CWC order handing over custody to your father.
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Detailed log of all incidents of violence, abuse, and demands by your nephew.
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Medical reports of your parents.
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Any evidence related to your sister's jewellery.
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Statements from neighbors, if possible.
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Contact the Child Welfare Committee (CWC) in Agartala: Schedule an urgent meeting with them to explain the current situation, especially the violence and your parents' inability to cope. Request their intervention to:
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Reassess the custody arrangement.
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Enforce the order regarding the jewellery.
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Direct the father to take responsibility.
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Prioritize Your Parents' Safety: If there is any immediate threat of harm, do not hesitate to call the police.
You don’t have to renounce his custody you can file police complaint against him as well as the old parents can file complaint under senior citizen act and evict him from their place
As the custody of the grandchild was given to the grandparents by a court order, the subsequent developments cannot become a reason to denounce the custody. The child's welfare is the paramount consideration in such cases, and the grandparents would need to demonstrate that the child's profanities and violent behavior is detrimental to them at their old age with affected by chronic diseases.
They may have to apply to same court seeking an order to relieve them from the responsibility of the custody of the child for the reasons stated by them.
The child will become major by age after two years after which the custody will become infructuous automatically hence let them take a wise decision for now.
1. Your nephew is of a tender age and what he needs is unconditional love and affection. After the death of his mother he became more fragile.
2. The second marriage of his father only worsened his emotional stress. At this difficult times one should not shut their eyes and rather embrace him more tightly.
3. You being his aunt has a very crucial role to play and discharge your motherly duties.
4. The tantrums or volatility in his behaviour needs counselling and patience than scolding and rebuking. Please understand his emotional stress than finding faults in his behaviour. Take counselling sessions from the child counsellor taking the child to them.
5. Your sister must be very thankful to all of you for all the support so far and please do not pain her departed soul by shunning your duties towards her son , more so, when his own father has turned his back.
All the very best.
Given the circumstances, your parents have a few legal and practical options to relieve themselves from the custody of your nephew, especially considering their age and health.
First, since the custody was granted by the Child Welfare Committee (CWC), your parents should approach the same Committee again. They can submit a formal written application stating their inability to continue custody due to age, poor health, and the child’s violent behavior. The CWC has the authority to review the situation and reassign custody or place the child in a government facility or a suitable children's home.
Second, the biological father remains the natural guardian under Hindu law unless found unfit by a competent authority. Since your nephew is a minor, and his father is alive and legally responsible, he cannot simply refuse to take his child back. If he continues to refuse, the CWC or the District Child Protection Unit can be requested to take legal steps against him. He can also be directed by the CWC or the Juvenile Justice Board to take custody or make alternative arrangements.
Additionally, if the father still doesn’t comply with the previous CWC order about handing over the mother’s jewellery, a complaint can be made to the same Committee or moved to the Child Welfare Police Officer or District Magistrate to enforce the order.
Lastly, if the child’s behavior is threatening or abusive, a psychiatric or behavioral assessment can be sought through the CWC. If necessary, he may be shifted to a facility better equipped to handle such behavioral issues.
Your parents are not legally bound to keep custody if they are genuinely unable to care for the child. The proper recourse lies through the CWC that originally issued the custody order.
By law, the biological father generally retains parental rights and custody of the minor child (your nephew), as long as he is fit and willing to undertake custody. However, given the child welfare concerns, domestic abuse allegations, and the child welfare committee’s involvement, custody arrangements can be modified in the best interests of the child. Since the Child Welfare Committee (CWC) order has temporarily entrusted custody to your father (the grandfather), it indicates the court’s recognition of the unsafe home environment. However, this is not necessarily a permanent arrangement.
Legally, the father cannot arbitrarily refuse to take back custody of the minor if ordered by the court or CWC, especially if the child is under 18 years. The father’s refusal to comply with the order (including handing over the late mother’s assets) amounts to non-compliance with a legal directive, which can be challenged before the Magistrate or CWC.
While your parents wish to renounce/relieve themselves from custodial responsibilities due to their health and the stress caused by your nephew’s conduct, the law does not have a direct mechanism for a “renunciation” of custody by guardians appointed by a court or CWC without a substitute guardian or custodial arrangement being approved. Your parents may express their intention to the CWC and the Magistrate, explaining their health issues and the untenable situation. The Committee or court may then consider appointing a suitable guardian/custodian (possibly you or another relative) for the minor; direct the father to comply with custody and support obligations or face legal consequences; and explore rehabilitative, psychological, or counselling support for the minor and family to address behavioral issues.
The CWC has the statutory mandate to ensure the best interests of the child. You should approach the CWC formally to report the violent and abusive behavior of your nephew towards your parents, document the health issues of your parents and their inability to provide care, request the appointment of an alternative guardian or custodian, and seek intervention in compelling the father to comply with asset transfer orders and custody responsibilities.
Possible legal actions include filing an application in the Juvenile Justice Board or the relevant Child Welfare Court seeking modification of custody orders or appointment of a new guardian; seeking directions for counselling and behavioural therapy for your nephew to address his violent conduct; initiating contempt proceedings or other actions for non-compliance if the father refuses to cooperate; and applying to become the guardian under Section 7 of the Guardians and Wards Act, 1890, subject to court approval.
Since you live separately in Kolkata, your involvement as a guardian would depend on your willingness and capacity to care for your nephew, and on the court’s permission. The welfare of the minor child remains paramount.
Your parents cannot simply “renounce” custody without the court’s or CWC’s approval for an alternative arrangement. The father cannot refuse custody if directed legally, and his non-compliance can be legally challenged. Engage actively with the Child Welfare Committee and the local Magistrate’s court to report current issues and risks, request relief for your parents, seek appointment of a suitable guardian or custodian (possibly yourself or another responsible relative), and ensure the father is made accountable for his legal obligations, including handing over assets and taking custody if safe and appropriate.
If you need assistance in preparing legal applications to the CWC or court, representation before authorities, or exploring guardianship options, please feel free to contact me for a detailed professional consultation tailored to your circumstances.
