need custody of my 10month old baby as husband has passed away

My husband was working out of India and he passed away 3 days ago wherein my inlaws did not tell me about it and all of them left me alone at home with my 10month old baby and went to conduct the final rites of my husband without me. I do not get along well with my inlaws and am afraid that they might try and keep my baby. I am an educated independent woman and want to live my life separately with my baby. How can I ensure this and what should I do now?

Answers (1)

398 votes

The first and foremost right to have the custody of children belongs to the mother and she cannot be deprived of her right so long as she is not found guilty of misconduct. Mother has the right of custody so long as she is not disqualified.

This right is known as right of hizanat and it can be enforced against the father or any other person.

So you don't worry because if the father is dead then you are the natural guardian of the child. Further, the child is very small and in such cases, keeping paramount interest of child , custody will be given to you.

We suggest you to wait, until they file a case in Court. In case they file any case pertaining to custody, it is suggested that you contest the same,

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