Son was taken by in-laws when i was arrested?
My committed suicide and my parents are not alive. I was arrested under section 304B and 498A. I got bail after 10 months. When i was arrested they took my son from me who was 3 years old at that time. How can i get my son back?
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 son.
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.
Related IPC Sections
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