Legal Question in Family Law in India

I got divorce from the family court which doesnt say anythign about my child's gaurdianship whom i am taking for 3 yrs alone and i dont know where my ex-husband is. If i think of a second marriage and a relocation will there be problem coming up in future without getting any extra orders.


Asked on 8/05/10, 1:41 am

2 Answers from Attorneys
Devansh Bhardwaj Devansh Bhardwaj

I dont think so there should be any problem sisnce the divorce has already taken place and there is no word about your child. You can remarry.

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DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

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Answered on 8/05/10, 9:23 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

I do not agree with the said advice. Your ex-husband continue to be the father of the child. If your second husband is to adopt the child, you will need your first husband's consent. However, if he is not heard of being alive and does not approach the court for custody of the child, you may seek a declaration from the court about his "civil death" or in alternative permission your appointment as exclusive "guardian" of the child.

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Answered on 8/17/10, 12:16 am


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