Legal Question in Family Law in India

Hi,
My brother-in-law and his wife separated through mutual consent divorce. They have son born on 30 Jan 2006. At present the boy is with his mother. They have a clause stating that in case either of them re-marry, they will have no right over the child.
My brother-in-law is in a livein together relationship and the girl's family and our family want them to get married.
Can u please suggest what can be done as our family does not want to lose the child. Also I want to know what rights the child will have on our family, suppose there will be another child born from the 2nd marriage.
Your response will help us sort out matters legally. Expecting your earliest reply.
Thanks,
Suprabha

Asked on 9/12/15, 7:22 am

4 Answers from Attorneys

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if both married then your brother in law can claim custody

Answered on 9/12/15, 9:02 am

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prasad patil

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dear client if yr sister in law get married then yr brother in law will get custody though he get remarried. also the boy has rights in yr ancestral property. for detail discussion call me

Adv prasad patil

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Answered on 9/13/15, 1:18 am

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there cannot be any clause in mutual agreement which is illegal. father is a natural guardian and remains so for the rest of his life. even after marriage, the first child has all the rights and duties towards his father.

Answered on 9/14/15, 1:47 am

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