Legal Question in Family Law in India

I am a Hindu lady and I have remarried a Hindu gentelman. I have a son from the last marraige and I have his legal custody.

Since the earlier guy has never provided any emotion or financial support to my son ,and my husband is performing all the duties and responsibilty as my sons father, we would want to have my husbands name added as Legal guardian for my son passport.

The ex-husband from my earlier marriage is acting strange and wants to emotionally torture my son and my son who is 13yr old doesn not want to be associated with him.

He first agreed for letting my husband have the leagl guardianship and then disagreed.

What can we do, is there any solution to our problem.

My husband is willing to do legal adoption of our son to become his legal guardian.


Asked on 4/23/12, 5:28 am

4 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

What is the order with regard to your sons custody from the court. Scan the order .

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Answered on 4/23/12, 6:08 am
Fca Prashant Chavan Expert Edge LLP

23.04.2012

Dear Madam,

It would be wise of you to think on the following lines before you act further -

a) Is your present husband also a divorcee ?

b) Does he have any issues from his previous marriage ?

c) If yes, who is financially supporting his kids ?

d) Has the Court annulled your earlier marriage ?

e) Since your son is in your legal custody, why are you bothered and concerned about your ex-husband remaining in touch with him ? In what way does it matter, in so long as your ex-husband does not ill-treat or misguide your son ?

f) Don't you feel that as his real father, your ex-husband might always see your son's welfare forever ?

g) Is it not incorrect on your part to impose and thrust your "new found love" on your adolescent son, rather than allowing him to decide for himself, as to what is right and what is wrong, and make up his mind ?

h) Most importantly, in what way does it matter to have your present husband's name as the father when he is legally his step-father ? Has he got a huge estate that will benefit your son in future ? You should call a spade a spade.

i) What comfort do you really gain by trying to legitimize and legalize your present marriage in all respects ?

Sorry, I'm being a bit curt, but it will serve your purpose in the long run.

You can mail me your answers for further personal on-line legal advice at [email protected]

Regards,

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Answered on 4/23/12, 8:05 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may approach the court and file a civil suit for the redressal of your grievances.

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Answered on 4/24/12, 12:48 am

approach the court to get permission to add your husband name as father/ guardian of your child.

Good luck.

[email protected]

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Answered on 5/04/12, 8:36 pm


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