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Abduction of daughter of 6 months on untimely death of wife


07-Jul-2023 (In Criminal Law)
Sir, I am from a Hindu family and married in april 2016 and due to some chronic lung deceases my wife died in feb 2018. Neither my wife nor my laws ever told us about her deceases and after her death they tried to frame us in dowry death case. They also abducted my 6 month old daughter and currently i am unaware of her whereabout or well being. I heared from some sources that they have given my daughter to someone else. In present scenario of our country, I am concerned for well being and psycological growth and even her life. How can I get her back to her family?
Answers (4)

Answer #1
924 votes
Under hindu law father is the first guardian of his children. A father can not be deprived of the custody of his child after mother's death unless it is beyond any doubt proved in the court of law that it is vital for the better well being of the child. You can file a criminal case against your in laws and get custody of your daughter Regards team lawyer mitra
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Advocate Sandeep Kumar

Adv. Sandeep Kumar

LawRato Greater Noida | 50+ Answers
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Answer #2
757 votes
Dear client , If you want to back your daughter. Then file habeas corpus writ in High Court against your in laws. And those people who you mentioned above. After the death of mother the natural guardian minor is the father.
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Advocate Sanju Lata

Adv. Sanju Lata

LawRatoAllahabad | 100+ Answers
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Answer #3
523 votes
No matter how your wife is dead and you involved in that case or not. But only you are the natural guardian of yout girl. You have full right to get her back from her family. You can file a child custody suit in the family court. Contact me
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Advocate Satish Bhati

Adv. Satish Bhati

LawRatoGreater Noida | 400+ Answers
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Answer #4
996 votes
Sir, it is better to prefer a writ petition of Habeas Corpus for production of your baby in the Hon'ble High Court as you are natural and legal guardian of your daughter. Second way is to take shelter of Family Court but it would be a lengthy process.
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Advocate Piyush Shrivastava

Adv. Piyush Shrivastava

LawRatoLucknow | 5+ Answers
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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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