In laws harassing and trying to take my daughter with them

653 votes

First you have not clarify your husband stand on whole issue. if in law threatens you can file 498a against in laws for cruelty.
but with proof make mobile clips or others proof. They can not take your child till she attains age of 5 but at the same time you have to show u can support her responsibly. for items you can file theft case against in laws if you have proof they belongs to you.

Advocate Anurag Bhati LawRato

916 votes

यदि आप अपनी 3 वर्षीय बच्ची की अच्छी परवरिश करने में सक्षम हैं , तो कोई भी आपको आपकी बच्ची से उसकी आयु 8 वर्ष की होने तक नहीं छीन सकता... भारतीय विधि व्यवस्था के अनुसार 8 वर्ष की आयु तक के बच्चों की कस्टडी उसकी माँ के पास ही होती है ( विशेष परिस्थिति के अतिरिक्त )।

Advocate Sumit Agarwal LawRato

738 votes

With respect to your query you can file a criminal complaint against them an with regard to your child they can not take it forcefully they have to file a case wih regard to tbe custudy of the child in you case the age is so less that even if they file a case no action with respect to the child can be made as the welfare of the child is to be looked

Advocate Raj Nath Singh LawRato

689 votes

As per The Hindu minority and guardianship act. the mother is the natural guardian of a hindu minor up to age of 5 years of the child. after the age of 5 the father would be the natural guardian. These are the guiding principle of law. however there are many others factors which are considered at the time of deciding custody of child such as relation between husband and wife, income of parents, age of child, welfare of child etc. your in laws can not take custody of your minor daughter. As far as your gold jewellery has been taken away, you can still claim all your property by filing case before the court.

Advocate Vijay Kumar Teotia LawRato

720 votes

Hi, Your daughter is just 3 years old. In any case, your in-laws cannot claim for the child. The custody of the child can be claimed by your husband if the child is with you. The laws are in favor of mother for the children aged 5 years or below. However, the reality is that, the parent who has the child usually wins over the other as the child's mind is poisoned against the parent who is not living with her. So if you stay separate along with your daughter, your in laws do not have any claim over the child, but the father has and can avail visitation rights.
Best regards
Soma Pandey
Advocate

Advocate Soma Pandey LawRato