Legal Question in Family Law in India

According to me you cant claim for the custody of the child since your daughter-in-law was the legally weded wife of your son, who is unfortunately now no more and the natural and legal mother and guardian ofyour grandson.

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DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

in case the child is not staying with mother in her new house after her remarriage, you can claim the custody by filing a petition for custody in the district courts where the child is residing.

I am sorry to learn about your loss. However, you should not try to disturb custody of the child UNLESS the child is being mistreated.

You are not entitled to claim custody. Mother is the natural and legal guardian of the child. Unless you could prove that she has become "disqualified" to be the guardian of the child because of some 'misconduct' on her part, you may not claim custody. Remarriage by a widow is no ground to deprive her of the custody of her child. You should try to reconcile with the situation. However, you may continue to take care of the child and may also claim "visitation rights".