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How to get child custody when died wife's brother not attending court
25-Jun-2023 (In Child Custody Law)
my wife committed suicide by self burning in 4.12.2015 and died on 9.12.15 & i also burned 40%. my brother in law kept forcefully my two little son with him from 05.12.15. he filled case of 306 after 20 days, give application to court for my child legal guardianship. i try a lot to meet my child and solve matter at social level but he refused and not allow to meet my child till date. i give reply and all documents to court through my advocate for child visitation and interim custody. but he try to extend case and no reply filled too long. yesterday he filled his reply to court and submitted my earlier whatsapp communication with my wife at the time of disturbance between us (6 months before). (in whatsapp communication, i say my wife to wrong words and second marriage threatening to avoid break between us). now he use this to correlate with this case which is happened coincidentally at this time.now what i should do and how to get custody of my child?
Dear Sir
Father and Mother are the first natural guardian of the Minor Child. Uncle is not the guardian of the child, unless otherwise appointed by the Court under the Guardians and Wards Act. So the custody of the minor child by his uncle (your brother in law) is illegal. You should rather had filed a police complaint or filed a Writ of Habeas Corpus in the High Court to regain the custody of the Minor Child.
Now as i understand, some proceedings are already going in the court pertaining to Child Custody, so you better file counter claim of getting permanent custody of the Child rather then seeking visitation rights.
Another thing, whats app communication between you and wife would not effect your right to child custody, since child custody is altogether different and cannot be affected because of any ruckus or bad blood between you and your wife.
Feel free to contact should you have any query
Father and Mother are the first natural guardian of the Minor Child. Uncle is not the guardian of the child, unless otherwise appointed by the Court under the Guardians and Wards Act. So the custody of the minor child by his uncle (your brother in law) is illegal. You should rather had filed a police complaint or filed a Writ of Habeas Corpus in the High Court to regain the custody of the Minor Child.
Now as i understand, some proceedings are already going in the court pertaining to Child Custody, so you better file counter claim of getting permanent custody of the Child rather then seeking visitation rights.
Another thing, whats app communication between you and wife would not effect your right to child custody, since child custody is altogether different and cannot be affected because of any ruckus or bad blood between you and your wife.
Feel free to contact should you have any query
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Adv. Vivek Mapara
Ahmedabad | 100+ Answers
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