1 Answer
Dear Client,
As per the Hindu Minority and Guardianship Act, 1956, the mother is considered to be the natural guardian of a minor child following the death of the father. In India, as to the Guardians and Wards Act, 1890, the most important factor in all custody matters is the “welfare of the child.” As the mother lives abroad and the child lives with his maternal grandparents, your family members may approach the local family court for custody orders. The court needs to evaluate all the factors to determine the most favourable environment for the child. It is important that a lawyer is hired so that the appropriate petition may be filed and all proceedings may be adequately handled. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you