Child Custody To Father

[Afiq]

my wife died due to burns 7 months back and i have been booked u/s 304(B) i have a daughter who is 18 months old and my inlaws have taken her away and are denying to give her back to me so how can I get my daughter back please suggest.

ANSWER: Hi Ganesh,

You can apply to the court for custody of your 18 month old daughter.

They can't take her away without your permission as you are parent and natural guardian of the child.

Rgds,

---------- FOLLOW-UP ----------

thank you but I want to know that should I apply in a family court or in the samw court where my 304(B) case is in trial and how long will it take for me to get my daughter's custody

[Severin]

Hi Ganesh,

Thank you for your ratings. You have to apply for the custody in Family court. your lawyer will do it for you. The time depends on the court.It may be 3 to 4 months minimum.In addition to the same if you want you can also file a complaint with the police against your inlaws for taking away your 18 months old daughter forcefully from your custody without your consent.  

Rgds,