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Child custody after father's death...


28-Apr-2023 (In Child Custody Law)
Hello sir, My sister got married 5 years back. Accidentally her husband got expired 1 year back. My sister has a daughter of 3 years age. Since the death of husband she has been living with in laws in spite of torcher by them . Now we want to bring her back with all the things that we gave on marriage along with her daughter( medically unfit). But her in laws says we would not give you the child. Now we have a meeting with them on Tuesday. If issue is raised to police or legal proceedings what would happen and who would get the immediate custody of the child as my sister can't live without her daughter. Please guide... Waiting for your response.
Answers (3)

Answer #1
909 votes
it is the parents who ought to have the natural custody and guardianship of the child. since the mother is there to take care of her, she will get to keep the child in all probability. if the in laws forcibly keep the child, the same can be reported to the police.
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Advocate Kawaljit Singh Bhatia

Adv. Kawaljit Singh Bhatia

LawRato Delhi | 25+ Answers
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Answer #2
667 votes
As per law your sister is a natural guardian for the child. There is no way that the in-laws can forcefully keep the child. The in laws have to file petition under Guardianship ward Act. in case you have an apprehension that will not allow your sister and child 2 leave the house in that case your sister can I file domestic violence case seeking appropriate relief
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Answer #3
856 votes
hello neeraj hru.as ur saying tht your sister got married 5 years ago .still ur sister is living with her in-laws .her in-laws are totally abusing her in all manner as well as domestic violence is going on which is unavoidable. now ur sister is having a daughter who is medically unfit but now after five years when u tried to call ur sister back to ur house for her welfare and betterment now her in-laws are creating hurdles and blackmailing your sister on the name of her daughter tht they will not give the child to her if she goes out to her parents house in this condition no need of getting panic and no need to worry. your sister will get the child custody absolutely without any problem and your belonging will also be handed over to you
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Advocate Vishwanath Pratap Singh

Adv. Vishwanath Pratap Singh

LawRatoDelhi | 1000+ Answers
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Comments by Users

Vinita meena
Sir mem mere husband bhi sant ho gaye he me ab sasural me nahi reh sakti lekin vo muche mera baby nahi de rahe he muche mera baby cahiye kya karu

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