Legal Question in Family Law in India

Guardianship

My wife (Indian) has a 9 year old son from her previous marriage. She was legally divorced from High Court & her ex-husband has never been in touch. I (Pakistani) would like to become the guardian (since our son knows only me as his father - so to remove his name from passport & add mine under guardian). We plan to settle in Canada (due Indo-Pak thing) & want to sort this out.

Please help! Thank you


Asked on 9/17/08, 8:27 am

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Guardianship

you havent clarified whether your wife has got custody of her child through court by court judgment. secondly, an NOC from the natural father needs to be obtained in case his name is to be struck off. you may send in all the details or call me at 9811284735, delhi for further clarifications.

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Answered on 9/18/08, 2:40 am
Sanjay Shah Shah & Shah

Re: Guardianship

you have to become legal guardian of your wife's child first then only you can apply for addition of your name on child's passport. whether your wife has got the same from the court or not, even she is the natural guradian.

clarify the same?

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Answered on 9/18/08, 5:19 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Guardianship

Contact a local advocate and adopt the son

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Answered on 9/17/08, 8:34 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Guardianship

You will need to adopt the child with the consent of his biological father. Even for taking the child out of country, the mother will require court permission.

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Answered on 9/17/08, 8:40 am


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