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Saptarshi Paul (Advocate)     13 December 2010

Custody of Minor child

There is One 3years Old Female child , her mother was expired on April2010 due to Burn , which may be a suicide or by his husband and the family member of the Wife did not lodge any FIR against her husband just they dont want to down there famil's name.

Since then the child is kept under care of her maternal uncle and Her late mother' Sister, now his husband (father of the child) want to take custody of the child but the family member of the Deceased wife dont want to handover the custody to her father as he is not a responsible man, neither he has any stable income source and also he is a dranken man and in his family - Father 70Yrs old patient, Mother 62yrs old, Unmarried younger brother.

Now advice me without going to court can a Affidavit or agreement will be a sufficeint that  the child remain in the  custody of her maternal home and her father will pay monthly maintenace for her?


 



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 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     13 December 2010

No affidavit is not sufficient.  You have to file petition under Guardian and Wardship act to appoint the minor guardian.


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