Custody of minor child
Anil Verma
(Querist) 23 January 2014
This query is : Resolved
In the year 2012 my daughter-in-law committed suicide leaving behind a minor girl aged 2 years and my son who was facing trial under section 306 of IPC convicted for sentence by Sessions Court. An appeal is filed in the high court, against the said Judgement. At the time of incident parents of my daughter-in-law took away my grand daughter assuring us that they will return her back after few days. My wife, looking to the circumstances and soreness condition of mother of my daughter-in-law, handed over the minor girl (my grand daughter) to them. But since lapse of two years, the parents of my daughter-in-law, neither sent back to my grand daughter nor they allowed us even to meet her. Since the trial was running against my son, as per advice of our lawyer, we have also not raised the issue before any competent authority. My wife, who took every possible care of my grand daughter, every day, while my daughter in law remains out of home for his job and was very emotionally attached to my grand daughter, is now being mentally perturbed and very much desperate and wish to meet and get her back. We have made enquiries with one of the local lawyer, who in turn adviced us that because of conviction of my son it would not be possible to take custody of minor child. Whether is it possible for us (being grand father and grand mother of the child) to file a case for getting custody of minor child. If it is not possible, whether there is possibilities under law to meet the grand daughter on periodic intervals.
V R SHROFF
(Expert) 23 January 2014
U will get visiting rights of child. . Access.
Devajyoti Barman
(Expert) 23 January 2014
Yes you can get visitation rights but getting custody is very minimal. Anyway make an effort.
Nadeem Qureshi
(Expert) 24 January 2014
file a custody suit before court under GWA with interim application under sec 12 of act for visitation right
Rajendra K Goyal
(Expert) 24 January 2014
Agree with the expert Nadeem Qureshi ji, file suit for custody and interim application for visitation rights.
Raj Kumar Makkad
(Expert) 24 January 2014
You cannot get the custody of that child at this stage but shall definitely get the visitation rights with temporary custody.
T. Kalaiselvan, Advocate
(Expert) 25 January 2014
File a petition for custody and seek interim visitation rights through an IA
Anil Verma
(Querist) 25 January 2014
I sincerely thanks all the experts for being generous to reply my querry.
