India | Family Law
Legal Question
Child custody after wife remarried
I live in India and got divorce on mutual consent in 2003. The custody of 7 yrs son was given to mother on mutual consent with a clause that if she remaries and I am unmarried then I will get the custody of child automatically. Last year she got remarried and handed over the the child in adoption to new husband without my pknowledge and permission.
Now she wants to get another divorce with new husband. My question is
1. Is the adoption legal?
2. Who will have the custody of my son? Me, my ex wife or new husband?
3. What options do I have to take the custody of my son who is 13 yrs old now?
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Legal Answer
Re: Child custody after wife remarried
1. Adoption is illegal.
2. You are entitled to custody of your son.
You should immediately apply to the court for custody of your son.
The court will most likely want to examine the boy and seek his opinion.
If the boy agrees to live with you, matter ends, you get custody;
if he does not agree to come to you; and if you are in a position to afford his living in a residential school, the court may send him to a residential school with visiting rights to both the parents on time sharing basis.
the child's interest is the paramount consideration for the court to take a decision in this situation; and his opinion/desire may also be important.
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Attorney-at-Law (India)/ Visiting Scholar, UNC-CH USA Punjab and Haryana High Court Chandigarh, 110001
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Legal Answer
Re: Child custody after wife remarried
1)illegal
2) According to terms you should have custody of child after her remarriage.
3)you can file a petition for custody of child stating the above facts to the court.
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Aniruddha.P.Pawse Advocates 3,Ramchandra Smruti, Bhaskar Colony, S.V Rd, Naupada, Thane(w), NUS 400602
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