India  |  Family Law

Legal Question

Asked on: 5/30/13, 9:51 am

My son died a month ago and daughter in law has gone back to her house and not allowing us to meet our grand daughter. What to do?

She has threatened that she will come and take all her stuff from home also.

2 Answers


Answered on: 5/30/13, 6:01 pm by Mukesh Ralhan

Dear Sir/Madam,

In terms of Supreme Court rulings, the grandparents are allowed visitation rights and even custody of the children if it can be proved that custody with either of the parent is harmful to the children and not in the best interest of the children.

If grandparents push for visitation rights with their grandchildren and the parent with custody objects, grandparents must show the court that it would be in the best interests of the grandchildren to have physical contact with the grandparents. The courts must also see that it would be harmful to the grandchildren's mental health if they were deprived of physical contact with their grandparents. Courts also consider whether there was a pre-existing relationship with the grandchildren before awarding visitation rights to grandparents.

Kind Regards,

Sincerely,

MUKESH RALHAN, ADVOCATE

Email: ralhans.dbc@gmail.com


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RALHANS - Immigration & Overseas Affairs Law Group Dilshad Garden, Delhi-110095 Delhi, 110095

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Answered on: 5/31/13, 12:12 am by KarVai Legal Solutions

The grandparents can seek visitation rights as per law. Regarding she picking up her stuff from your house, then it is her stridhan and she may do so.


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Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in Email: karvailegal@yahoo.com Delhi District Courts, High Courts, Supreme Court Delhi, 110001

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