Regarding a case filed by former mother in law for child custody
12-Sep-2023 (In Child Custody Law)
I got widowed after 2 years of marriage. My husband was only son of his parents. I had a 5 month old baby. My mother in law & father in law became more and more abusive towards me. With little to no support from my maternal family I still stayed with my in-laws for the sake of my child. When he was two year I remarried in another state. My in-laws took all istri dhan & made me sign several papers. I started my fresh married life with my husband who is very supportive & I have one son from my new marriage. My earlier son is with his grandparents as they wanted to keep him at all cost. In last one year I have never, spoken, scene or met my first child. Now my crooked former mother in law has (surely) sent a civil case notice demanding adoption rights perhaps, though I have not received it yet. Should I or my husband receive it or avoid it as we don't want to go to 1000 km away town to fight a futile case. We don't want custody or anything. What else they win ex-party. Please explain.
From your query as of now you have not received any document /notice and you are not sure whether it is notice sent by advocate or court .Depending on what you receive,for which there is no harm in accepting the same ,if you feel that your former inlaws are physically and financially capable of keeping the child and you have no objection to your child staying with them ,you can send written consent affidavit ,depending on what and from where you get notice , You can reply by stating that you have no objection to the adoption and if the same serves the purpose and no other formality by going to other State where your former inlaws are staying ,,your part of consent will be complete and it will be better for the interest of your child also.Depending on what you receive ,you can consult a local lawyer also to ascertain ,what should you do in the circumstances .
It is always advisable to appear in a matter. You should appear and settle it in mediation or before the judge. However ex parte orders would mean that whatever allegations they have made against you stand uncontested and correct. You may contact for further discussion.
Hi,
As a law abiding citizen, you must accept the Court Notice. After reading the contents of the claim filed by your ex-mother-in-law, you can hire an advocate as your representative and send your written submissions before the Hon'ble Court once for all. Basically your ex In-laws are afraid of any kind of claim to be made by you in future, if they buy any kind of property in the name of your son from your previous marriage. This is the only apprehension or fear they have in their mind. You can take my mobile number through Lawrato to discuss the matter in details.
Regards
As a law abiding citizen, you must accept the Court Notice. After reading the contents of the claim filed by your ex-mother-in-law, you can hire an advocate as your representative and send your written submissions before the Hon'ble Court once for all. Basically your ex In-laws are afraid of any kind of claim to be made by you in future, if they buy any kind of property in the name of your son from your previous marriage. This is the only apprehension or fear they have in their mind. You can take my mobile number through Lawrato to discuss the matter in details.
Regards
If in case you are not interested in the custody of your child, then ex parte order will not do any harm to you or your current husband. The only thing in this is that your former in-laws want to have lawful custody of the child.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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