quesneed custody of my 10month old baby as husband has passed away

My husband was working out of India and he passed away 3 days ago wherein my inlaws did not tell me about it and all of them left me alone at home with my 10month old baby and went to conduct the final rites of my husband without me. I do not get along well with my inlaws and am afraid that they might try and keep my baby. I am an educated independent woman and want to live my life separately with my baby. How can I ensure this and what should I do now?

  • ansThe first and foremost right to have the custody of children belongs to the mother and she cannot be deprived of her right so long as she is not found guilty of misconduct. Mother has the right of custody so long as she is not disqualified.

    This right is known as right of hizanat and it can be enforced against the father or any other person.

    So you don't worry because if the father is dead then you are the natural guardian of the child. Further, the child is very small and in such cases, keeping paramount interest of child , custody will be given to you.

    We suggest you to wait, until they file a case in Court. In case they file any case pertaining to custody, it is suggested that you contest the same,

     

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Child Custody Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Child Custody lawyers in India

Child Custody Lawyers

Advocate Diva Arora Menon

  Nizamuddin East
 Experience: 10 years


Advocate Vishal V Birajdar

  Andheri West
 Experience: 10 years


Advocate Namrata Jayakar

  Churchgate
 Experience: 13 years


Advocate Kiran Ashri

  Sector 56
 Experience: 8 years


View all >>

How it Works

Know how LawRato makes legal easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly