Legal Question in Family Law in
i am a divorcee woman with a 6 year old son. I was married in 2001 as per christian rites to a catholic man and this marriage was also court registered. Later on, I got divorced in Oct 2009 - mutual consent under sec 28 - special marriage act and also having permanent custody of my son. I am now getting remarried and want to know:
1. Can i get remarried in court - civil marriage - under special marriage act
2. Can ex-husband ask file case for child custody
3. Through virtue of marriage, whats is the procedure so that my second husband give his name to my son
I am very confused with these questions and will be very grateful for your advice.
1 Answer from Attorneys
The answers to your queries are as follows:-
1) Yes you can marry again in Court too.
2) What was stated in your mutual consent divorce petition with regard to your child and child's custody. How do you say that you have permanent custody of your son ?
3) After your 2nd marriage , your son automatically becomes your husband step son and it is your choice as he is a minor to use your 2nd husband surname.