Child custody of my daughter

My wife died after giving birth to child.after cremation my inlaws took away. I want to take custody of my child,so what will be the process.

Answers (1)

382 votes
As per law if the child's age is less than 5 years, the mother can claim for physical custody and father can have a visitation rights. Since your mother is no more you can claim the custody of the child under Section 7 and 17 of the guardianship Act and under section 12 of the Hindu Minority Act. 
Section 17 in The Guardians and Wards Act, 1890 is mentioned below for your understanding:
Matters to be considered by the Court in appointing guardian.—
(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this sec­tion, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.
(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a de­ceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.
(3) If minor is old enough to form an intelligent preference, the Court may consider that preference.
(4) The Court shall not appoint or declare any person to be a guardian against his will.
You will need a lawyer to help you apply for child custody. It would be unusual for a person to apply and go through the court process without a lawyer.
You can call us on our helpline number 9599000555 to find a child custody expert in your location.

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