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Who gets the child custody after father's death?


29-May-2024 (In Child Custody Law)
A friend of mine committed suicide due to personal problems, and before he died he had called his mom and told that he was coming home (from a relative's house) because his wife was causing trouble like she did sometime back. Apparently, now his family has come to know that this girl has been having illegal affairs and she wants to marry that guy now. They had two kids (7 years old boy and 3 years old girl) whom she wants to take with her for the property of my deceased friend. The kids have been brought up by my friend's parents so far and this girl hits the children and scares them if they are not with her. Who can have the kids in this situation? She doesn't have the financial status or anything to take care of the kids. The kids will grow safe and healthy and get good education with the grandparents. Is there any way to save the children? Hindu family, what is the law for guardianship of a child in case of parents death india ?
Answers (4)

Answer #1
440 votes

Yes, in India, grandparents can be granted custody of the children in cases where the mother is deemed emotionally unfit and financially incapable of taking care of the children after the death of the father. The Guardians and Wards Act, 1890, provides that the court may appoint a guardian for a minor child, and the guardian can be any person who is deemed suitable for the welfare of the child.

The court may consider the grandparents as suitable guardians for the children, particularly if they have an established relationship with the children, are financially stable, and are capable of providing a nurturing and stable home environment for the children.

However, it is important to note that the court will always prioritize the best interests of the child while making any decision regarding custody. The court will take into account various factors before awarding custody to grandparents, including the age of the children, the physical and mental health of the grandparents, and the grandparents' ability to provide for the children's emotional, educational, and physical needs.

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Answer #2
570 votes
All circumstances leading to interest and welfare of the children shall be the sole criterion to determine the custody of the wards.

If grandparents can establish such circumstances favourable to them , then they shall be awarded the custody.
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Answer #3
525 votes
Yes the parents of the deceased husband has a legal right to take custody of the child. More over you pointed out extra marital affairs and if you could prove the same before a court of law, the court has no other option but to entrust the custody of the children to their paternal grandparents. In the event of inability to prove the extra marital affairs of the wife even then nothing prevents the grandparent to move the family court for seeking custody of their deceased son's children. The court will always consider the interest of the child and I am of the opinion your friend's parent has a very good case on hand.
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Answer #4
814 votes
Yes. the grand parents may file a guardian op suit in concern principal district judge court and proper reasons stated regarding safety and healthy of their grand childrens and they have to prove that their daughter in law was not properly care her children. Surely PDJ will order in favour of grand parents.
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