Can my 1st.in-law file case for chil custody?
Sheela Jain ..........
(Querist) 23 March 2013
This query is : Resolved
My first Husband has expired and in between us we have one Male child.Now he is 5 1/2 yrs old.My father-in-law pre-planned to remarry again and kept my son with him forcibly.I married 2 months back in one condition that my son will be with me after my remarriage. With my condition he agreed to remarry me .But immediately after my marriage they din\'t give my son back,they cheated me.When I went twice to ask my son they fought with me,abused me and din\'t let meet my child to see and talk.My 1st father-in-law taught my son wrong impression against me.
Before my re marriage my son was living with me and i took care of him for last 5 years. Now my son is not with me and I\'m back to my parents house. Apart from this I\'m so disturbed and left 2nd in-laws place and staying with my parents. Five days back I went again to ask my child, but they ran away with my son,their house was locked and cell phones switched off, their relatives have no answers. I am being cheated in both the ways,
I filed a case of habeas corpus, and the Hon\'rable high court hsa issuer a bailable warrant against my 1st. in-law\'s by 9th April 2013.
At the same time my 1st. in-law staying at Bangalore sent a Notice to my 2nd hossabund\'s house, where I am not staying from last two months.I came back to my perant house, so my 2nd in-law\'s did not accepted the notice,saying that she is not staying here.And my 2nd in-law\'s informed me asit was from civil court notice.
My queries are as below and please me legal advice
1)My 1st.in-law knows I am staying at my perant\'s then why he sent notice to my 2nd.in-law\'s house and what be the intention?
2) My child was forcibly kept my 1st in-law with him,can he filed case for child custody at his jurisdiction.?
3) Is the notice sent by my 1st in-law will be valid, though the high court issued bailable warrant against him?
4) Can I transfer the case in Hyderabad
Devajyoti Barman
(Expert) 23 March 2013
1. To evade service of notice.
2.He need not since child is in his custody.
3.Yes
4.Yes
In addition you can file criminal case of kidnapping against your in laws.
Adv k . mahesh
(Expert) 23 March 2013
you have every right of the child in your custody and you can file criminal case against them
notice means in some circumstances they may include your 2nd in laws also in the case that why they gave notice address
they may say you avoided child and married 2nd time
prabhakar singh
(Expert) 23 March 2013
You are natural guardian of the child under
section 6 of Hindu Minority and Guardianship Act, 1956 .Await till decision of High Court.
Sankaranarayanan
(Expert) 23 March 2013
yes you are the natural guardian . and follow the experts advise that you need to wait till the court decision.
