Legal remedy to claim custody of child by father as mother not alive


My Son was with In Laws after my Wifes death 3 years ago and they don't want to give back now. I filled a petition for custody. My In Laws now want to compromise and give back my Son with a condition that they want to object all comments/allegations through a joint decleration to withdraw the petition. How to proceed ahead. If the case is withdrawn through a memo and not through joint petition, whether the comments/allegations still remains valid.

Answers (3)


110 votes

You need to file a joint compromise petition specifying the terms for withdrawal with liberty to file afresh if necessary, just put that in your joint compromise petition. You may pray before the court to record that the allegations made by both the parties have not been proved as the case is withdrawn at the preliminary stage.

or If your in laws dont want to file any document in court and just by way of letter hand over the child. Go ahead but do it in public place where there are cameras as later on they may not file kidnapping case against you. Thereafter you file an application with put up in court to withdraw your case placing on record the letter by which they have handed over you child back.


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314 votes

Being a Father or Natural Guardian of a Minor Son, you have 100% right to take custody of a son after the death of his mother. Here no Third Person have get any custodial right in respect of said son where his father is still alive. Therefore, I think, if you contest the Case, and if they did not produce or send your son to you, then Court may issue Warrent against the in-laws and take necessary action against them. Therefore, withdrawal Petition with condition I think not necessary in this Case.

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80 votes

I am not aware what is the age of your child? If your in-laws is willing to compromise then ask your in-laws also to file a joint compromise petition stating it is amicably settled between the parties because it may turn out that after you withdraw the case then your in-laws may refuse to give the custody of your child.
Thanks.

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