Custody of child after untimely demise of father
Gopal Ranjan Panigrahi
(Querist) 07 September 2013
This query is : Resolved
Respected sir,
My query is attached with sentiments.But as to survive one has to accept the truth.I too being law graduate .
Fact:
My only brother in law married on 7th July 2011 later having a son a year old leading a happy family life with wife being housewife and parents.Sad part being on 18th March 2013 all happiness were shattered for ever as while duty hours in one greenfield project inspection my brother in law being Manager feel from 45 feet high and being severly injured passed untimely on 20th March 2013 leaving sadness for lifetime for all relatives.Further Comapny gave the compesation amt which was given alone to wife which parent`s in law did not object too and made further made Bank Fix Deposit in name of mother & male child .
The query is respect to the male child at present 14 months old . After such sad incident the wife of brother in law is mostly staying at her parent`s house with the child and unwilling to return at present.
i)Parent`s in law are concerned for the male child as its their only hope.Is there any law to get custody of child if mother refuses to rejoin (as not much care in being taken in her parent`s house) or remarraiges.If yes then at what stage & its procedure.
ii) What right over the ancestral with self made property has the brother in law wife got if she joins and if she not joins & remarraiges.
Thanks & Regards
Guest
(Expert) 07 September 2013
About compensation, even if her in-laws would have objected to that, only the wife of the deceased was eligible to receive.
About custody of child, you also being concerned with law, I hope you can well understand that after father's death only mother of the child has the right to keep and maintain the child. Parents of your brother-in-law do not have any right for the custody of the child of the deceased son. If you really have sentiments, I wonder what type of sentiments you have when you think about separating a fatherless child from his mother? I can understand affection of the grand parents about the grand son, but if they want mere custody without allowing her mother to reside with the child, that clearly would show selfish motive.
Your second question is contradictory and doubtful with reference to your statement, "ancestral with self made property." Ancestral and self made properties are two different entities. Even if she does not reside with her in-laws, she would be entitled to her due share on immediate basis in the self made property of her husband. She would also be entitled to get her husband's share out of the ancestral property, if that becomes due before she decides to remarry.
It is noteworthy that if she has preferred to live with her parents rather than with her in-laws after the death of her husband, there must be some problem with the attitude of her in-laws towards her.
Raj Kumar Makkad
(Expert) 07 September 2013
Whole life by a young lady, whose husband died in early years of marriage, is difficult to pass with her old parents in law so it is natural that she might be trying for her re-marriage.
The custody of the child shall remain with her mother and his grand-parents can do nothing at this stage.
There is no question of distribution of property at this stage.
Raj Kumar Makkad
(Expert) 07 September 2013
Whole life by a young lady, whose husband died in early years of marriage, is difficult to pass with her old parents in law so it is natural that she might be trying for her re-marriage.
The custody of the child shall remain with her mother and his grand-parents can do nothing at this stage.
There is no question of distribution of property at this stage.
C.V.Kansara
(Expert) 07 September 2013
Well discussed by expert. Nothing to add.
Rajendra K Goyal
(Expert) 07 September 2013
Well advised and discussed by the experts, nothing more to add.
V R SHROFF
(Expert) 07 September 2013
Well explained by Experts. Major points taken care of.
Unlucky... thats all.
Dr J C Vashista
(Expert) 08 September 2013
To add something more to the advise of experts, the grandparents can seek visitation rights of the minor, whereas, the mother shall keep custody of the minor and his (minor's) property till she re-marries. Thereafter, the situation changes and the grandparents can ask and have custody of child as well as his (minor's) property.
