Legal Question in Family Law in India

I am father of one son and Divorced with my ex wife with mutual consent in the year 2008 with parental rights given to me , now i am married again , my question is ,now my son is 11 years old and i want to take birth certificate for my son as the birth certificate take at the time of birth is with my ex wife and she is not reachable to me and we are not aware where about of her.
Now i want to apply for new birth certificate , my question is can i apply with present wife name in his birth certificate in the mother 's name place, is it possible?, if so will my son face any difficulties in future.

Asked on 1/30/14, 12:09 am

2 Answers from Attorneys

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Dear Client,

You may apply for a Certified Copy of the Birth Certificate at the Muncipality where his birth was registered giving your sons birth date and year along with details of the name of father and mother. Another thing is that your childs mother is alive and you can not change her name from the records. Over and above please understand that your ex wife is not an enemy of your child, she is the mother and always bear in mind that your child ask about his biological mother once he attains maturity.At that point of time, if your answer is, I don't know, that alone can grow grudge against you. Try to locate her but do not talk to your exwife. If your child asks about his mother, you must be able to say so and so is your mother she is residing at such and such place and she is the wide of so and so and add that once if you go there tell him about chances of rejection and tell him that you divorced her because of differences of opinion making life an agony, be careful not to tell rubbish against her. If you need any clarification please contact me on 09387714156 (Terms and conditins apply).

Answered on 1/30/14, 2:29 am

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