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Writer's picturelead india
Jun 17, 20233 min read

Can Grand Father File Writ For Child Custody After 2nd Marriage Of His Daughter In Law After Death O

Child custody holds significant importance for grandparents, as it directly impacts their ability to maintain a meaningful relationship with their grandchildren. In cases where the parents are unable or unfit to care for the child, grandparents often seek custody to provide a stable and loving environment.


Custody allows grandparents to protect the well-being of their grandchildren, ensuring their safety, emotional support, and continuity of family bonds. It enables them to play a vital role in the child's life, contributing to their growth, happiness, and overall development.


Tests Determining Custodial Rights of Grandfather

The tests used to determine the custodial rights of a grandfather can vary depending on the jurisdiction and specific circumstances. There are some common factors that courts may consider-

  • Best Interest of the Child- The court will prioritize the best interests of the child and consider factors such as the child's physical and emotional well-being, their relationship with the grandfather, and the stability and suitability of the grandfather's home environment.

  • Parental Fitness- The court may evaluate the fitness of the child's parents and determine if they are capable of adequately caring for the child. If the parents are deemed unfit, it may strengthen the grandfather's case for custodial rights.

  • Existing Relationship- The nature and quality of the relationship between the child and the grandfather will be assessed. A strong and positive bond, involvement in the child's life, and the history of caregiving may be considered in the custody determination.

  • Parental Objections or Consent- The court may consider any objections or consent from the child's parents regarding the grandfather's custodial rights. Parental wishes are typically given significant weight, but the court will consider whether their objections are in the best interest of the child.

Judicial Pronouncements

  • The Supreme Court recently declared that paternal grandparents should be given preference when custody of a child is awarded following the death of his parents because they are more capable of caring for the child than other relatives who are also vying for custody.

  • Jai Prakash Khadria v Shyan Sunder Agarwalla and Anr (2000) is a landmark case in India where the Supreme Court held that the welfare of the child is of paramount consideration in custody matters. The court recognized the importance of maintaining the child's ties with the paternal grandfather and granted custody to the grandfather, emphasizing the child's best interests as the primary factor in determining custody.

How can Grandfather File Writ for Child Custody after 2nd Marriage of His Daughter in Law after Death of His Son

To file a writ petition for child custody as a grandfather after the second marriage of his daughter-in-law following the death of his son, the following steps can be considered-

  • Consult a Legal Professional- Seek the guidance of a child custody lawyer experienced in child custody matters to understand the legal options and requirements specific to your jurisdiction.

  • Gather Necessary Documents- Collect relevant documents, such as the child's birth certificate, death certificate of the son, any previous custody orders, and any evidence supporting your claim for custody.

  • Assess Legal Standing- Determine if you have legal standing to file a writ petition for custody. The legal standing criteria may vary depending on the jurisdiction, so consult with your lawyer to establish your eligibility.

  • Prepare the Writ Petition- Work with your lawyer to draft the writ petition, stating the facts of the case, the basis for seeking custody, and the child's best interests. Include any supporting evidence or documentation.

  • File the Petition- Submit the writ petition to the appropriate court along with the required filing fees. Follow the court's procedures and guidelines for submitting the petition.

  • Attend Court Proceedings- Attend all scheduled court hearings related to your petition. Present your case, provide supporting evidence, and argue why granting custody to you would be in the child's best interests.

  • Follow Court Orders- Comply with any interim or final orders issued by the court during the proceedings. Failure to abide by court orders may adversely affect your custody claim.

You will need the help of lawyers if you want to file a writ for child custody. If you need the help of lawyers for your grandchild's custody, then Child Custody Lawyers In Noida can be hired. If you need the help of lawyers for your grandchild's custody, then Child Custody Lawyers In Pune can be hired. Similarly, if you want to get your divorce procedure completed to get married again, then divorce lawyers in Delhi can be employed.


For any type of legal consultation, you can consult and talk to a lawyer at Lead India. You could ask legal questions to experts online for free and receive free legal advice in India in return from Lead India.


Call Us: +91–8800788535

Email: care@leadindia.law



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