Legal Question in Family Law in India

I am divorced under Hindu law and have a 13 year old daughter. Though the court ordered maintainance for me and my daughter, my ex-husband who is a lawyer by profession and an alcoholic has not paid me any money after the court order. I am only taking care of my daughter eversince. Now I am planning to get married to a divorced man who does'nt have any children. We have decided not to have any children also. He wants to adopt my daughter so that she can be the heir to his ancestral property. Also we want to take passport for me and my daughter too. I am extremely scared that my ex-husband will start problems by making claims for my daughter and stall the adoption plan that I mentioned. Please advice me.


Asked on 8/12/10, 9:44 am

3 Answers from Attorneys

Devansh Bhardwaj Devansh Bhardwaj

What was actually written in your Divorce Decree about your daughter? if it was that the girl will remain in custody of mother then you dont have to worry at all. You can remarry.

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DEVANSH BHARDWAJ

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Answered on 8/12/10, 9:06 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

even though divorce has taken place between you and your husband adoption cannot take place without his consent and he may or may not create problems, so try to convince him thru some relative and settle the matter amicably so that adoption will take place without any hurdle.

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Answered on 8/12/10, 10:58 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

i agree with Mr. Paswe. the father would be the natural guardian throughout his life and unless he consents to adoption, it cannot take place.

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Answered on 8/12/10, 11:19 pm


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