Legal Question in Family Law in India

Im a divorcee with a 12 yr old daughter who is under my legal custody though her father pays monthly maintenance for her . Myself & my ex-husband (daughter's father) belong to OBC category though we don't get any benefit since his income is above 10 lkhs.

Im about to get remarried to a person who belongs to the scheduled tribe category. Now for my daughter Im getting contradictory opinions. Some people say that she will be automatically considered as my new husband daughter(step daughter) & can apply for the scheduled tribe certificate & get the quotas for the category in higher education , others say that my new husband needs to officially adopt just like he would have adopted any other girl from a orphanage. Pls advice me what is the right legal requirement.

if she has to be adopted then again I have different advice, some say that only if I sign the required adoption formality then my new husband can adopt her (since my daughter is in my legal custody) others say that both my ex husband & myself need to jointly agree ... again pls advice

If my daughter gets a new father (either automatically due to my marriage or due to adoption ) will my ex-husband still be legally binding to support her for her mnthly maintenance


Asked on 5/25/18, 11:31 am

1 Answer from Attorneys
Bennet Master of Law Bennet Raj Law Office

Your daughter cannot get ST Certificate because of marriage since the same determined by birth. You are the natural guardian of the girl child. Likewise girl child's father too. If u are in India, adoption is not at all possible.

Bennet Raj Law Office - [email protected]

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Answered on 6/01/18, 5:48 am


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