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KK   16 September 2015

child custody

Hi..can someone plz help me to understand how can I get my child custody back. Below mentioned is the relevant details and current situation: 1. My daughter is 2.5 yrs now. After 6months of her birth her mother expired in an accident. At that time my father in law & mother in law requested to keep my daughter as their only living hope and in good faith I agreed and they took her along. 2. My father in law works in a city in MP and are basically from west bengal. 3. After my wife's death my mother in law took my child to WB to their native place while my father in law stays in MP. For past two years my daughter is staying in a small town of WB with my mother in law. 4. Whenever I ask them to bring my child to me or to my place they deny and start fighting. And now they have sent some notice through lawer demanding life long child guardianship to my address. (I belong to a district place city in Maharashtra). 5. I want to get my child back to me. Can anyone please guide me with startup procedure, right way to revert, sections involved, place & possibility of filing the case and relevant information I should be aware of. Thanks in advance.


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 8 Replies

Nitin (marketting manager)     16 September 2015

What non sense is this?

just reply to them to get your children back to you in that,

if they dont listen file a kidnapping case ,both will be sent behind bars.

law always favours parents.

dont worry try to go diplomatic way ,if not you always have law on your side.

Nitin

KK   16 September 2015

Thanks Nitin So under which law section I need to reply and can I file the case here itself from my hometown in maharashtra ?

prabhakar advocate (advocate)     16 September 2015

It appears that since two years the child is living with her grand mother in a place in W.B.  If so, reply to the legal notice and also immediately engage an advocate and file custody case in the place where your child is residing ordinarily seeking custody under Guardians and Wards Act, with immediate relief of recovery of the child to you to admit her in play school in a place where you are living.  You will definitely get the custody.

KK   16 September 2015

ok...and after replying to notice and filing custody case in WB can this be transferred to maharashtra or I have to go to WB till result declared ?

Laxmi Kant Joshi (Advocate )     16 September 2015

you are the biological father of your said child , file case with complete facts in the family court  of WB for child custody ,you will definately get it .,  

KK   16 September 2015

Can I file the case/claim custody from Maharashtra? Please suggest.

KK   16 September 2015

Can I file the case/claim custody from Maharashtra? Please suggest.

KK   18 September 2015

Can anyone please heIp me to understand that whether I can file the case/claim child custody from Maharashtra itself? Please suggest for such provision if any.

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