Seeking custody of child
Guest
(Querist) 09 July 2012
This query is : Resolved
Dear Sir/ Madam,
I am Nomani N Parwez, from Bokaro, Jharkhand State of India.
My sister died on dec 15, 2010, after delivering a baby boy. Just 2 hrs after delivery she died. Now, I have mother 55 years, father 65+ and a sister (unmarried- studying now in college) 21 years approx.
We took the responsibility of bringing up the boy. The guardian of my brother in law suggested / advised to get marry my youngest sister with my brother in law. It was very sad moment for us that time since we had lost our sister. We told the them that we will think on this later. Indirectly they said that we will take the baby if marriage is not fixed. But due to my sister's graduation exam the decision on marriage got postponed one year.
Now, the baby is 18 months old. My sister exam is also over. My sister does not want to get married with brother in law.
When they heard this then my brother in law said ok we will take our baby then.
We are ready to give him his baby, since he is father, but only at the age of 4 or 5. (baby age). Because we want at least the baby should take care of himself by that time, or he can express his wants or requirements or pain to anyone at home. I am writing this because we know the condition of our brother in laws home. Everyone are concerned about themselves. My brother in law are three brothers and father and mother. He is youngest brother. ALl are having their family. They are concerned only about them. When the baby was born (dec month) nobody asked for the baby. It was very cold. My mother , siter and myself took the pain of bringing up the child. and when the bay is 18 mnths old, they are pressurizing now. When my sister was alive she faced many problems.
Is there any way that we can keep the baby for 3 years more. Other wise my sister will be compelled to get married with brother in law.
Kindly Advise. I dont have any other way to get help, because I m working in dubai, construction company, and I will get leave only after one year.
Please advise. we are ready to sign any promise letter to hand over the baby after 3 or 4 years.
ajay sethi
(Expert) 09 July 2012
let father make an application to court seeking custody of child . dont marry your sister against her wishes . dont give any thing in writing to father or his family .
let them move court . at that stage you cn atake the plea that we dont mind giving father visitation rights . however please note that father can be awarded custody of child as he uiis natural guardian of the minor son
ajay sethi
(Expert) 09 July 2012
Section 19 of the Guardians and Wards Act, 1890, lays down that a father cannot be deprived of the natural guardianship of his minor children unless he has been found unfit. Me effect of Lh1s provision has been considerably whittled down by judicial decisions and by Section 13 of the Hindu Minority and Guardianship Act which lays down that welfare of the minor is of paramount consideration and father's right of guardianship is 5;ubordinate to the welfare of the child.
