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Right of grandparents over grand child in absence of mother
28-Jul-2023 (In Family Law)
My sister commited suicide four years ago. Thinking about child's future and need for a father we didn't file case against my sister's husband. Me and my parents took care of her son. One year back the man got remarried so we I were supposed to give our son to him. Now our son who is 6 yrs old suffers a lot with his father, step mother and step brother. Now that person don't let us talk and see our baby. What can we do to get the child back atleast till he turns 10 or more years old. Is there a chance for us to file case on him for sister's suicide that happened at USA.
First you file a Police Complaint immediately to get child back right now itself.After that result take it up further for criminal legal proceedings against father,step-mother and step-brother.You can file case on him here for sister's suicide that happened at USA.
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It cannot be said that the grandparents have nay rights over the grandchild; in the circumstances described, the father alone is the natural guardian. However, if it is the case that the father is failing in his duty to take care of the child, the grandparents can approach the court under the provisions of the Guardians and Wards Act. In such proceedings the onus of proof rests with the grandparents.
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Adv. P Venu
Vaikom | 500+ Answers
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Hai,The natural guardian of the child is the father.so the father is having the first claim.But if u can convince the court that welfare of the is child is better with u than his father then the case is yours.If the child is having suffering any hardship u can contact the child welfare committee of your district.A suicide occurred in USA have slim chances to be investigated by local police,but u can have a try by approaching the police or the court.
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Adv. Ajee Rajappan
Kollam | 25+ Answers
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