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how can we take the custody of the child?
26-Mar-2023 (In Child Custody Law)
We have been taking care of a baby since he was 14 days old, now 2 and 1/2 years later the father has taken him back, we feel that the father is incompetent to take care of the baby, since he is without a wife, and has no proper job, also this is an illegitimate child because his parents are unaware of the baby in his custody, and that the baby feels like he is with a complete stranger. So we need to have this baby in safe custody till he attains an age of understanding. the welfare of the child is paramount.
As per your query, In Hindu law only three persons are recognized as natural guardian father, mother and husband. “Father is the natural guardian of his minor legitimate children, sons and daughters." Section 19 of the Guardians and Wards Act, 1890, lays down that a father cannot be deprived of the natural guardianship of his minor children unless he has been found unfit. The effect of the provision has been considerably whittled down by judicial decisions and by Section 13 of the Hindu Minority and Guardianship Act which lays down that welfare of the minor is of paramount consideration and father's right of guardianship is subordinate to the welfare of the child. The Act does not recognize the principle of joint guardians.
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Adv. Sudershani Ray
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