Coustody of minor children!

Suresh Babu Rai (Querist) 24 February 2015 This query is : Resolved
Good Evening Sir!
My client has performed his marriage with one X on 04-06-2010. Due to some differences, the X herself has committed suicide in the year 2014 by consuming poison. Police registered a case under Sec. 174 of CRCP and sub-sequently the same was closed. No offence or allegations made against him through the in laws of my client. The deceased X and my client were blessed with two male children. But after the death of X, her parents were forcibly taken the children into their custody in spite of several requests. Now my client suffered a great mental agony and stress without his kids. My client has made demands through the elders and through the Police, all are in vain. The parents of X did not turn up to hand over the custody of the children to my client, who is their natural father. My client intending to initiate legal proceedings in the court of law for want of custody of his children. The age of the children is one amongst them is 4 years and another 3 years (minors). I request you that, whether my client succeeds in getting back his children and the proforma petition. Thanking you one and all.

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Suresh Babu Rai (Querist) 24 February 2015
My client and X are Hindus.

Rajendra K Goyal (Expert) 24 February 2015
All depends upon the merit and pleading of the case. Your client has to prove that the welfare of children would be looked after in better way in his hands.

Guest (Expert) 24 February 2015
Father has the first right to keep custody of his children after expiry of their mother, as compared to the maternal relatives of the children.

R.K Nanda (Expert) 24 February 2015
agree with experts.

Suresh Babu Rai (Querist) 25 February 2015
Thank you sir! I am moving an Original Petition before the District Judge, who is competent to dispose of the matter as per our local jurisdiction against the maternal grandparents of the minors, who hold the present custody of the minors presently. The suit will be for custody of AB (minors) under Hindu law. Interim application will be to produce the minors before the court for interim custody of the minors.

ajay sethi (Expert) 25 February 2015
agree with dhingraji

Guest (Expert) 25 February 2015
You are welcome.

Suresh Babu Rai (Querist) 25 February 2015
Thank you one and all!

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