Legal Question in Family Law in India
hello, i am 33 yr old woman got divorced when my boy was 1 yr old..i got these documents from lok adalat..in this it is mentioned that boy is with me nothing more than that about custody and all rights. later last two years back i got re married in UK. now my son is 12 year old. last december i gave birth to another baby boy. my husband is two years younger than me(31). now i want to bring my elder son here, in this process, my husband wanted to adopt my son..when we met the advocate, they finalised that we have no chance as my husband having a hindu son, and he is having just 19 years age gap between my son and him. we could not find a way for adoption.
besides this i also planned to take passport for my elder son on single mother basis..since we don't want to see his biological father name on his passport, we are struggling now..i heard that supreme court has given rights to single mothers, is this also aplicable for passport?? how can i take the passport..from last one year we have been struggling allot. my son is crying allot me too...please kindly advice us what to do? any chance of adoption? if not if i take the passport, are there visa possibilities?? please please let me know..thanks in advance
3 Answers from Attorneys
as per your query there shall be no problem in getting vias or passport for your son because you said that as per order of lok adalat it was mentioned that your son is with you and your are his natural mother and gaurdain but i want to know if there is anything mentioned in the order reagrding the custody of child between you spearated spouses and any condition of remarraige if nothing is mentioned than you shall have every right over your son and authority must grant his visa and passport no need to take passport as single mother you can take as married woman and mention that things in affidavit and there is nothing as hindu or any other religion except if your ex-husband objects for adoption .
yes, you can take your son abroad but not as a single mother. you need to produce the decree of divorce in the passport office as well as visa office. you may need consent of natural guardian i.e. the father of the elder son for NOC to take him abroad in case the boy is staying with the father.
i agree with mr. reddy. lok adalat order is as good as any other order. rather that order cannot be challenged. custody per that order is with you. that would suffice for all purposes
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