Possession of child and remarrige of widow
Avinash Soni
(Querist) 26 September 2013
This query is : Resolved
Respected all,
I respect the qualification and professionalism of all the experts of this site. I have a query which is related to my family and the nature of this is quite serious. However the facts are as follows
" I lost my jijaji on 23.10.2011, due to silent heart attack he died, when we reached to hospital to attend him he was no more, so at that time we were helpless to do anything as the things were not in our hand. In his Family One daughter, one Son, My sis (his wife)(these all lives with us since 05.11.2011).
Apart from these his parents, two sister (both are married) are there.
My sis got married about 8-9 years ago with him. They were not so much financialy strong and all the jewellery/gold have been sold by them and my sis never used that in her entire married life. They always keep on saying the gold/jewellery is in the locker but they sold that. My jiju was hard working person and he always tried to do better but failed as the necessaties were too much high. On 23.10.2013 my jiju died.
As since last 15 years father of my jiju is workless he is not earning any thing. so my sister decided to stay with us along with her children.all the things which were given in her marriage is also in the custody of my jiju's parents. they have either sold that or they are using those things. we don't know they have changed there house at some other place about which we don't have any information.
And her inlaws never come too see her and her children that how they are surviving/living.
NOW we are planning for her remarriage and the and get her settle down along with her children and the man with my sis is going to do marriage now is also accepting her with her children.
But the parents of my jiju now asking for custody of the children and they just want to have the children they don't want to give the children to my sis for any longer.
My jiju had one Insurance policy and the amount received from that policy are now for Deposited as FD for his children.my sis were nominee for that amount.
Now in this circumstances I have following questions please let me know about all of your legal openions and questions are as follows :
1. Can my sis get remarried ? can her old inlaws can creat any problem in her marriage ?
2. Can law allows her old inlaws to have custoy of the children?
3. Can we file suit/FIR for the jewellery/gold/other thing which are still in their custody?
4.For insurance amount her inlawas can claim for any amount as she was the nominee for that amount and the same has been used for the FD of her children which can be used for the future of those children.
5.what are the las and section which are applicable to this particular case? any leading judgment of higher court ?
Respected all this is a request to have knowledge about the law related informations from you professional in to this case. Please let me know about the your views please..
Thanks
Avinash Soni
ajay sethi
(Expert) 26 September 2013
she can remarry .custody would remain with your sister . wife can ask her in laws to return her streedhan . file complaint against in laws
Avinash Soni
(Querist) 26 September 2013
file complaint against in law means ? please let me know about sections and laws which are applicable ?
ajay sethi
(Expert) 26 September 2013
DV/498A complaint for return of her streedhan .
Rajendra K Goyal
(Expert) 26 September 2013
1.She can remarry, her previous in laws can not interfere,
2. Custody will remain with your Sister.
3 She can claim her stridhan. Complaint may be filed.
4. Insurance claim was received by your sister as nominee and is in FD in the name of children. there is a doubt that her in laws would succeed in receiving this.
5 Contact a local lawyer.
R.K Nanda
(Expert) 26 September 2013
nothing to add more.
Sudhir Kumar, Advocate
(Expert) 26 September 2013
1. Can my sis get remarried ?
Ans : Yes
can her old inlaws can creat any problem in her marriage ?
Ans : No.
2. Can law allows her old inlaws to have custoy of the children?
Ans : No. Unless they can prove that the future of children is not safe with natural mother.
3. Can we file suit/FIR for the jewellery/gold/other thing which are still in their custody?
Ans : No use of civil suit. FIR should have been filed long back
4.For insurance amount her inlawas can claim for any amount as she was the nominee for that amount and the same has been used for the FD of her children which can be used for the future of those children.
Ans : No they cannot.
5.what are the las and section which are applicable to this particular case?
Ans : vague query.
any leading judgment of higher court ?
Ans : contact paid lawyer.
Sudhir Kumar, Advocate
(Expert) 26 September 2013
strict laws have been framed for women like your sister. It is pity that people like you keep waiting for years whereas false complainants swamp the CAW cells
Raj Kumar Makkad
(Expert) 29 September 2013
Rightly advised by experts in details.
