Legal Question in Family Law in India

Child custody urgent ....someone please help !

Hello.....my wife left for her mom's house about 2 months ago with my 1 yr old child, and refused to come back. Now she has left to australia where she is a permanent resident abandoning our son with her mother.

Since she abandoned our son and she would not be coming back as she left for a job in australia.....can i go and get my son, i would want to proceed only legally and get custody of my son....how do i act in this situation to help me get custody. What does the law say(Hindu - Indian law) in regards to the mother abandoning her child, what rights does the father have...and how do i proceed !

Asked on 7/26/07, 8:56 am

11 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates
0 users found helpful
0 attorneys agreed

Re: Child custody urgent ....someone please help !

as you are the natural guardian of your child you have got every right for the custody of child. file a case to get the custody. for further assistance call me up

Read more
7/27/07, 1:19 am
Prabhat Shroff Shroff & Company
0 users found helpful
0 attorneys agreed

Re: Child custody urgent ....someone please help !

You should file an application in the court for custody of the child. in the facts stated by you, you have every chance of getting the custody.

Read more
7/27/07, 1:35 am
RAJIV GUPTA (Cell: +91 9811284735) lawnrajiv@gmail.com
0 users found helpful
0 attorneys agreed

Re: Child custody urgent ....someone please help !

you may surely get the custody of the child as you are the natural guardian of your child and in the absence of the mother of the child, the custody has to be with you. go ahead, and file a custody case, and you will surely get the custody as the grandmother doesnt have any right to claim custody in the absence of her daughter.

Read more
7/27/07, 4:26 am
Rajendra Babbar Rajendra Babbar & Associates
0 users found helpful
0 attorneys agreed

Re: Child custody urgent ....someone please help !

file a case for getting custody of your son, as per hindu law father being the natural gaurdian has a better righ then wife's mother.You will have to show in the court that you had proper arrangements for looking after the child.

Read more
7/30/07, 11:11 pm
G. M. Gupta gmguptaandassociates
0 users found helpful
0 attorneys agreed

Re: Child custody urgent ....someone please help !

dont wait and file the case for seeking child custody and u will get it being natural guardian.

For any further clarification and detailed advice you can contact me with documents. Consultation Charges will apply.

Read more
7/27/07, 12:34 pm
rajeshwar sharma rajeshwarnathsharma
0 users found helpful
0 attorneys agreed

Re: Child custody urgent ....someone please help !

Your child is of one year of age hence under the Hindu Law the custody will remain with your wife upto the age of 5 years.

Your are the father and natural guardian of the child and have legal right to see and visit your child so for that you may move to the court

Read more
7/26/07, 9:18 am
Alok Sharma Alok Sharma & Associates
0 users found helpful
0 attorneys agreed

Re: Child custody urgent ....someone please help !

You are natural guardian of the child. you should file a petition for the custody of the child and in all probability you would get custody since the mother is not around to take care of the infant.

Read more
7/26/07, 9:22 am
Kamal Verma Kamal V. Verma & Associates
0 users found helpful
0 attorneys agreed

Re: Child custody urgent ....someone please help !

Since you are the father and natural guardian of your son, hence you have legal right to move the Indian court for custody of your child.

Read more
7/26/07, 10:30 am
Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]
0 users found helpful
0 attorneys agreed

Re: Child custody urgent ....someone please help !

well, you are the natural guardian of your son and can straight away go and take his custody. if you do not want to proceed this way, you may file a case seeking maintenance of the child. you have a prior right vis-a-vis your mother-in-law.

Read more
7/26/07, 10:54 am
Siddharth S. IndJurist
0 users found helpful
0 attorneys agreed

Re: Child custody urgent ....someone please help !

Being the natural guardian/father you have every right to get the custody of your son.File a case for custody of your son mentioning the grounds entitiling you for custody of your son and also seek stay from removing the son from the territory/jurisdiction of court.consult a lawyer of your vicinity or you may also cal me.

Read more
7/26/07, 12:41 pm
Nandita Haldipur Haldipur Associates
0 users found helpful
0 attorneys agreed

Re: Child custody urgent ....someone please help !

you can file a case for custody of the child as you are teh natural guardian

Read more
7/30/07, 1:24 am

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India

Looking for something else?

Get Free Legal Advice

88263 active attorneys ready to answer your legal questions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Michael E. HendricksonAttorney & Counsellor at LawAlexandria,
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now