Dear Sir,
My wife committed suicide by hanging after four years from my marriage.my wife's brothers are working as police officials.they filed charges under 304(b),498A and 406 .there is no dowry demand in this case.they influenced the investigation officers and RDO also , make a false case sections on me and my parents and sisters.when i was under the police custody, wife's brother who is a police official,took my 3 years child ,a letter written by him to dsp regarding that custody of the child and gave to his aged mother,he went to his working location.when i came out from the police custody through bail after 50 days,i asked the the DSP to hanover my child,but there is no response from them .Hence I filed a GWOP in my residence Juridisction, district court,OP did not response for the court notices and summons ,after that court gave the EXPARTE order to handover the child to me in the base of father is a natural guardian .but that time they filed a setaside petition to drag on the case. after 3years,now they filed a transferop in HC to transfer the case from my district to their district under the Hindu Guardianship Wards Act section 9(1).
Section 9(1)
“If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having Jurisdiction in the place where the minor ordinarily resides.”
1.I'm the natural guardian and biological father for my child.My wife is no more.My childs maternal grand mother doesn’t have rights and she does not claim for guardianship,then how she entitled to use this section 9(1)?—their intention is to drag on the case and put an another FIR on me..while i go to their district for the GWOP case
2.I have the exparte order which is given by the district court. after 2 years,is it possible for the transferop under HGWA section 9(1) ?
3. who are the persons hierarchially eligible to claim under this section?
kindly reply for my queries,thank u sir
