Legal Question in Family Law in India

co custody

Hi,

I'd divorced my ex-husband in Nov'06 and re-married in Feb'07. Under the divorce decree I'm entitled to custody of both my girls (age 11,15) plus I can take them out of the country and I can do all the legal documents for school and other activities as a sole signatory, I need no permission whatsoever from my ex-husband. My question is:

1. As I'm living outside India and moving again to New Zealand, I would like to know how to give co custody/guardianship of my girl child (age 11,15) to my husband without the intervention of my ex-husband and without removing the childrens right from their father's ancestrial properties which are already given to the children in the divorce decree.

2. My husband's company would be doing the documentation of his wife (i.e. myself) and the kids, the company is requesting for the guardianship or co custody papers. What is the procedure and time line.

3. Can this be done from High Commision of India.

Thanks so much for your time.


Asked on 5/02/08, 12:32 pm

4 Answers from Attorneys
Pravin Vaidya Independent

Re: co custody

From the limited information given by you it appears that as per divorce deed you are entitled to the custody of your both the children but you cannot give the custody to any other person including to your present husband without proper order from the court as your ex. husband cannot forgo his right of visitation as well as custody in case you are unable to take care of the the children.

2.. & 3 are not clear..

You may contact me for proper legal advice with all necessary papers.Professional charges will apply.contact No. 09426334688

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Answered on 5/12/08, 1:54 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: co custody

your husband cannot get legal custody of your children without a court decree in which your ex-husband has to be a party.

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Answered on 5/02/08, 12:51 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: co custody

Without a decree from the competent court your husband is not entitled to custody of children.

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Answered on 5/03/08, 1:55 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: co custody

Without a decree from the court your husband is not entitle to get the custody of children.

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Answered on 5/03/08, 3:07 am


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