Legal Question in Family Law in India
Husband [A] and Wife [B] both divorce Mutually. They have a daughter age 8years. At present custody is with mother and Ex-Husband [A] pay ailmony of child every one for child welfare and better education. Ex-Husband [A] also fulfill all the demands of only daughter as and when his daughter demand. Court granted visitation to meet daughter quarterly for 3hours. Here now both Husband [A] & Wife [B] got remarried. Can a Husband [A] take a custody of daughter from Ex-wife [B]. If yes then what is the procedure and step ? Because Husband [A] don't want his daughter life and career to be spoil in the hand of his Ex-wife [B] after having married with other man. His Ex-wife[B] trying to change the location of her place very far and his daughter School & Surname want to be change. Please advice. Husband [A ] is well educated and having good & qualified family which can provide better education to her daughter. His Ex-wife education is only 12th and her parent & her family background is totally illiterate. Understand from Ex-Wife [B] that her new husband working in crew ship as a steward and have one son age 10 years & above. Husband [A] want Child custody from Ex-wife now as she is already married and having new family. Ex-Husband [A] & his family members want their daughter custody so that they can provide better education. Husband [A] tried to get child custody at the time of divorce but not possible. Now Husband [A] insisting for Child Custody so that he can provide better eduction to his only daughter. Husband [A] don't want his only daughter education & school get disturbed.
Would like your advice does new husband have right to take custody of his newly wedded wife's daughter and can change surname of the said daughter even if his own wife ex-husband paying a child maintenance regularly in her ex-wife bank A/c.
Does Ex wife [B] husband can send child custody right to Ex husband [A] or can changed surname of said child without notice of Ex-husband [A].
If original surname changed than what step Ex-Husband [A] have to do for his own daughter. Can Ex-husband file petition for child custody after that.
Request for your favourable reply on above comments.
Request to give us proper guideline with case study & judgement of High court & Supreme court as an example to make strong case and get child custody to Husband [A] permanently.
2 Answers from Attorneys
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With the change in circumstances that wife B has re-married, husband A certainly can claim custody of the minor daughter. For custody, the prime concern is the welfare of the child. So, Husband A has to substantiate that with the new circumstances prevailing at Wife B's place, the education of child is going to be affected. The new husband cannot change the surname of the daughter. child will always remain the child of A, B. If A files for custody, then simultaneously he may move an application seeking a restrain order restraining new husband, wife B from changing the last name of the daughter. Be as that it may, new husband and wife will have to seek permission from the district judge, under the Guardian & Wards Act before changing the last name of the child. Name if changed, the child after attaining majority (within six months ) can get a declaration from the court that the name so given be declared a nullity and she be given and known with her original name.
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मेरे... Asked 11/13/13, 11:16 pm in India Family Law, Divorce, Child Custody and Adoption
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