Eshwer (MD) 05 August 2014
Hi... I got a query....
Last november my sister committed suicide, since her husband was having a affair with a women. But no evidences was found against him.
No strong police complaint was filed against him, since my sister was having two kids.
Since we thought ruining his life will directly ruin kids life.
Now my brother in law, doesn't allow us to see the kids.
It been 8 months, we have not seen the kids.
Is their any way we can go to court and have a legal approach towards it
Dr J C Vashista (Advocate) 05 August 2014
Court decides the case on the basis of evidence which you donot have. In this eventuality, forget the same.
Custody of minor childern is the prerogative of natural parents, however, grandparents may apply for thier visitation right.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 05 August 2014
Grandparent visitation is a legal right that grandparents in some jurisdictions may have to have court-ordered contact (or visitation) with their grandchildren.you can file a petition in family courts.
T. Kalaiselvan, Advocate (Advocate) 05 August 2014
Properly advised by expert lawyers above.Grandparents can apply for visitation rights of their grandchildren especially in the event of the kids being reared up by their father due to their mother's demise. consult a lawyer and file a petition before a jurisdictional court.
K.K.Ganguly (Advocate) 05 August 2014
Biswanath Roy (Advocate) 10 August 2014
To obtain an order for visitation of grand children by the Grand father and Grandmother from the Court it shall have to be proved that visitation is either refused or denied. Therefore, Grand father and Grand mother shall go to see their grandsons first if such visitation refused they will go to the local police station and shall lodge a diary as proof of refusal of visitation and thereafter shall go to court for an order in this regard.
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