widow's son
5 years ago
hey i am kishan from nagaur rajasthan..my question is a girl's husband dead after 1 year of marriage...and she got a son..and now she wants to marry again with a another guy...and she wants to keep her son with her.....and her mother in law lodge a case against her family that give her grandson back.....so i want to know that can a widow keep her son....and can her mother in law and entire family has rights to keep their waaris???
A.Dear Sir,
It all depends upon court verdict and it will consider welfare of the child. The law is as follows:
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Landmark Judgement pronounced by SC dealing with guardianship & custodial and visitation rights to parents and children stuck in matrimonial disputes
In a remarkable judgment dealing with interim custody of child suffering in parent’s matrimonial disputes, visitation rights and guardianship, a 2 judge bench of Supreme Court laid down various propositions of law while awarding the interim custody till final disposal by the trial court to the mother. The bench speaking through Justice Vikramjit Sen, lays down very sharp observations and examines various definitions of a ‘guardian’, ‘visitation rights’ and tests the issue from the angle of provisions of Hindu Minority & Guardianship Act, 1956 and Guardian & Wards Act, 1890.In a custody battle between estranged parents, a minor child, who has not completed five years of age, shall be allowed to remain with the mother, the Supreme Court has ruled saying that in such cases child should not treated as a "chattel". The court said that under Hindu Minority and Guardianship (HMG) Act, a father can be guardian of the property of the minor child but not the guardian of his person if the child is less than five years old.
The Court said that there can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of the parents which have to be enforced; the child is not a chattel or a ball that is bounced to and fro the parents. It is only the child's welfare which is the focal point for consideration. Parliament rightly thinks that the custody of a child less than five years of age should ordinarily be with the mother and this expectation can be deviated from only for strong reasons.
http://www.hrln.org/hrln/child-rights/pils-a-cases/1685-landmark-judgment-pronounced-by-sc-dealing-with-guardianship-a-custodial-and-visitation-rights-to-parents-and-children-stuck-in-matrimonial-disputes.html
It all depends upon court verdict and it will consider welfare of the child. The law is as follows:
===========================================================================================
Landmark Judgement pronounced by SC dealing with guardianship & custodial and visitation rights to parents and children stuck in matrimonial disputes
In a remarkable judgment dealing with interim custody of child suffering in parent’s matrimonial disputes, visitation rights and guardianship, a 2 judge bench of Supreme Court laid down various propositions of law while awarding the interim custody till final disposal by the trial court to the mother. The bench speaking through Justice Vikramjit Sen, lays down very sharp observations and examines various definitions of a ‘guardian’, ‘visitation rights’ and tests the issue from the angle of provisions of Hindu Minority & Guardianship Act, 1956 and Guardian & Wards Act, 1890.In a custody battle between estranged parents, a minor child, who has not completed five years of age, shall be allowed to remain with the mother, the Supreme Court has ruled saying that in such cases child should not treated as a "chattel". The court said that under Hindu Minority and Guardianship (HMG) Act, a father can be guardian of the property of the minor child but not the guardian of his person if the child is less than five years old.
The Court said that there can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of the parents which have to be enforced; the child is not a chattel or a ball that is bounced to and fro the parents. It is only the child's welfare which is the focal point for consideration. Parliament rightly thinks that the custody of a child less than five years of age should ordinarily be with the mother and this expectation can be deviated from only for strong reasons.
http://www.hrln.org/hrln/child-rights/pils-a-cases/1685-landmark-judgment-pronounced-by-sc-dealing-with-guardianship-a-custodial-and-visitation-rights-to-parents-and-children-stuck-in-matrimonial-disputes.html
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NILANJAN CHATTERJEE
Responded 5 years ago
A.The custody of the child will always belong to the mother first then to others. Moreover, she can marry.
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Mohd Imran
Responded 5 years ago
A.the first thing that is to be seen is that what is the age of child. second thing it is upto court that whom the court entrusts the custody of the child. but apparently it is mother of the child who is entitles for the custody of the child
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Nirmal Chopra
Responded 5 years ago
A.Firstly the widow is a mother also. Custody right of the children can remain with parents jointly or by any one of them as in your case.It is only when both parents are not alive or at not taking care of the child that custody can be claimed by any body else.but during lifetime of parents or one of them , no one else can ask for custody of the child especially when the parents/ either of them is mentally sound and physically fit to take care of the child.Rest assured.let the in laws try their luck in court.their case will fall flat.
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