Legal Question in Family Law in India

Adoption law

I had adopted a daughter in 1996 with the consent of my husband.Since last 1 year my husband is living seperately with a mistress and has produced an illegal son.We are not divorced legally,but he stays away and has no role in bringing up my daughter.He is facing charge of 148A in the court of law and has been suspended from his Government job.

Is there any way I can become whole and sole guardian of my daughter since after my death my husband (very manipulating person)can get hold of the property through my daughter(she being minor).How can I ensure the rights of my daughter after my death?I am a case of Renal failure.Please advice.


Asked on 3/13/03, 5:50 am

1 Answer from Attorneys
Rajendra Babbar Rajendra Babbar & Associates

Re: Adoption law

If you have adopted a daughter, she becomes entitled to inherit your property. As you have not obtained a legal divorce, you may file a petition for divorce because your husband is living with another lady which is a good ground for divorce. Also you may make a will in regard to your stridhan ( personal belongings ),self earned property etc.in favour of your daughter, making a provision that till she obtains majority some person of your choice shall act as a trustee to manage the necessary afairs,but the trustee shall not be entitled to sell,mortgage,assign,or transfer the property in any way,and that your husband shall be debarred from getting any of your property.

Rajendra Babbar, Advocate.

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Answered on 3/15/03, 6:11 am


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