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Writer's picturethelila500
Oct 19, 20223 min read

Can Any Father PIL For Child Custody To Family Court If His Wife Expires After Divorce

When referring to the legal and practical relationship between a parent and their child, such as the parent's responsibility to care for the child and the parent's right to make decisions for the child, the phrases "child custody" and "guardianship" are frequently used. Both parents play a significant part in fostering the growth and development of their children. When deciding who will get custody of the child, the mother's and the child's basic opinions are mostly disregarded. In the case of a divorce, just because a man makes more money than a mother does not automatically provide him custody of the child. Recent years have seen a change in this circumstance. The parent receiving child custody is chosen with the child's best interests in mind.


The non-custodial parent or other family members may be given consideration for custody of the kid in the event that a custodial parent passes away. To formally get custody of the child in India, however, you must first learn the correct processes to follow with the family court.

It might be challenging to decide who will get custody of a kid after the death of the custodial parent. The following possibilities, however, are those who might be given the opportunity to be the child's guardians in the future and custody of the child under hypothetical circumstances.

  • Biological parent not in custody

  • Grandparents

  • Nearest relatives

Father can get the custody of a child in the following way:

  • In India, mothers are regarded as the best caregivers. Sadly, this is not always the case. Although the mother gives priority when determining custody, the father can nonetheless obtain it in the following ways:

  • The father may gain custody of the child if the mother agrees to relinquish it.

  • The father is the next to receive custody of the child if the mother is not mentally stable.

  • The court must give the father's request to stay with the child if the child is 13 years old or older.

  • The father is granted custody if the mother has a bad moral character that could harm the child as well.

  • If the father can demonstrate both his financial capacity to care for the child and the mother's financial incapacity, which will impact the child's upbringing in the future.

  • If the father can show that the mother's past has been troubled and that allowing the child to remain with the mother will be detrimental to the child's upbringing

  • If the mother is also convicted, the father will then get custody of the child.

Although only a handful of the above-mentioned arguments are made in court to get custody. The same is not all-inclusive and can vary depending on the facts and circumstances in each individual case. Get in touch with a , Family Lawyers In Mumbai or child custody attorney in Mumbai, if you reside there to discover more about the particulars of your case and how the law operates. If any local laws exist, local attorneys like Mumbai High Court Lawyers can assist. They also assist in effectively representing clients in court.


Public Interest Litigation:

In India, legal action has been taken to protect the public interest. It is a case in which a third party, such as the court itself, rather than the party who feels harmed, files a lawsuit in a court of law. The court may exercise its authority without the individual whose rights have been violated appearing in person before the court. The power that the court offers the people through judicial activism is known as community interest litigation.


Something in which the general public or the community at large has a financial interest or something that could have an impact on their legal obligations or rights. PIL cannot be filed in cases of individual interest. Child custody, Child Custody Lawyers In Mumbai is a matter in which the public is not interested. It is a personal matter. Hence, PIL cannot be filed in cases of child custody.


Although after divorce if the mother dies, the father can file for the custody of the child as the father is the natural guardian of the child. But such cases can be filed by filing a petition in family court or if no family court is there, then by filing it in civil court but PIL cannot be filed in such cases.


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