Custody

Under  change of circumstances ex- husband can fight for  custody .And as it is you are the biological  father of the child and not her parents .

How much % chances there to get custody in such cases?

Although the chances are bright custody battles go on for years .Your Advocate who you are going to appoint and who would be contesting your case should be able to give you the appropiate reply .

Its but natural that the welfare of the child would be with you as the wife has deserted the child and left her with her parents and would be living with her new polished husband . Her parents cant provide the sort of attachment that a child needs as you being a natural gaurdian.  

But i presume you must be having visiting rights right now 

Dear Mr.Dutta,

There is no hard and fast rules in cases.

The rights of parents or grandparents are all subservient to the most important consideration i.e the WELFARE OF THE CHILD.

In such a case the court would consider where does the welfare of the child lie. Which place is more conducive to the child's moral/ethical/educational/physical/economic needs. Child's preference is also given due weightage if the child is old enough.

Bharat Chugh

Advocate Supreme Court of India

You can contact CWC to get the custody..It is right of any child to stay with both or either one of the parents. You can say that FIL has kept your child forcefully with him and asking for money to give the custody to you.

We can discuss rest of the matters later first you should tell more facts such as;

1. When the divorce did take place?
2. Was custody of child part of any settlement?
3. Did non custodial father put any clause “in the event of re-marriage of ex-wife the child custody will be handed to natural father in 48 hrs. or in 7 days?”
4. During divorce r/w S. 26 HMA (if any filed) case was father found un-suitable for custody of child i.e. did he contest or file any custody case under HMA or GWA?
5. Is there any ongoing child visitation arrangements in place for father.
6. How old is the child?

Simply agitation now once she got re-married is not a good cause of action is my limited view in absence of some of the above facts which should have been mentioned in the very brief before asking the que. by the queriest, otherwise ‘speculative’ replies follows except brother Bharat’s who spoke of few valid Law points.