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Inlaws separated me from my children after husband's death what to do


27-Feb-2023 (In Criminal Law)

Sir, I am a widow of a soldier husband and a mother of a twin sons,after my husband death in a road accident, I was brutually beaten and separated from my sons by my in-laws, they thrashed and sent me at my mother's home. After then onwards I filed an FIR and also registered a criminal case from the district court as per my lawyer advice but I am not receiving any concrete assurance from my lawyer to get hold of my sons, Now I need to file a child custody case through family Court, but where to file, do I need to file at family district court or Patna high Court directly

Answers (3)

Answer #1
752 votes
You can only file the child custody case in principal judge family court patna...apart from that if u want to get a residence right in your laws house u can also get that right by filing a case in dv court....and for criminal case i can only suggest once i will go through its papers
Answer #2
894 votes
You must file a writ in High Court as custody case can take a lot of time. Being Army Officer's wife I would like to help you. You can contact me anytime.What is the status of your criminal case and what was criminal case about. Share all details. Have you approached Army for help?
Answer #3
887 votes
Under Hindu Minority Guardianship Act and under Guardian and Wards Act there is specific provision as regards the jurisdiction of the Court to entertain a claim for grant of custody of a minor. In the present case, you need to approach the District Court having Jurisdiction in the place where the minor sons ordinarily resides/lives.

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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