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MY 6 YEAR OLD SON CUSTODY AS HIS MOTHER DIED


12-Jan-2023 (In Divorce Law)
MY WIFE COMMITTED SUICIDE ON 9 AUGUST 2020 IN AMBIKAPUR (CHATTISHGARH).WE MARRIED ON 6 MAY 2013.SHE ALWAYS LIVED WITH HIS PARENTS DUE TO HER GOVERNMENT JOB IN AMBIKAPUR (CHATTISHGARH).I ALWAYS WENT TIME TO TIME THERE AS PER MY LEAVES.EVEN AT TIME OF HER SUICIDE SHE WAS AT AMBIKAPUR AND I WAS IN DELHI FROM PAST 2 MONTHS. NOW HER PARENTS ACCUSING ME AND KEPT MY 6 YEAR OLD SON WITH THEM AND DENING TO HANDOVER MY SON TO ME. WHAT I CAN DO IN THIS REGARD?IS I HAVE NO RIGHT ON MY SON CUSTODY AS ONLY STATEMENTS LODGED AGAINST ME AND THERE IS NO FIR AGAINST ME AND MATTER IS UNDER INVESTIGATION. I WANT MY SON BACK.WHAT CAN I DO?
Answers (3)

Answer #1
530 votes
Hi, You should issue a strongly worded legal notice to your in laws asking them to handover the custody of the child immediately failing which a criminal complaint and a petition for custody be filed
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Answer #2
833 votes
File a petition under Guardians and wards act for custody of your child. If you have valid grounds and the application is presented well, you can surely get the custody of your child. If not allowed you can approach high court by writ petition.
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Answer #3
927 votes
Habeas Corpus petition is your one time solution to the problem of child custody. Set law in motion in High Court for the custody of your child. Dont go for guardianship act case. you may wayward your cause. This writ petition case is very effective. We may be of great help.
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