Dear Learned Sirs / Madams,
I am a Banker with a PSU, working at Managerial Level. My elder sister was married to my brother in law. Eventually, she committed suicide because of phyisical and mental harassment for dowry and other things, after 1and half years after the birth of a female child. Dowry Case was booked. My brother in law was arrested, while the his parents absconded. The child was with us for about a year. Later, the so called elders in family brokered between us saying that we would get back the plot which we had given as dowry and the permanent custody of female child. After taking back the case, the plot was sold.After we insisted a Fixed Deposit was made in child's name. In the meanwhile he approached the court for appointing him as guardian and he got it as the case was decided exparte (My parents were carefully kept out).
We had to give the custody of the child. After 2 years, my brother n law married again and child was very badly tortured, which came to our notice. We approached District Child Welfare Committe. (As We did not knew anything exparte decisided case) The child has made it clear to the committee that she wants to live with her maternal grand parents and would never go back to her dad. Notices were sent to Child's father, but he did not turn up. Prob Officer's report is favorable to us.
Finally, the committee opined that child should be with her maternal grand parents. Since, it did not have the jurisdiction, it has asked us to approach Court.
The case will be admitted to family court shortly.
My questions are:
#Can we win the case and get the guardian ship of the case?
# Will it work in our favor as he has this dowry case complications, child is ready to present in the court the facts of torture etc., he has not visited the child for last two years inspite of being Court appointed guardian, we are socially and economicaly sound.
# I am a third applicant in this case along with my father and mother. Can my father or lawyer represent me in future hearings, as I may require go out of country?
# Can we be guardian to ward and also apply for guardianship of ward's property?
