Legal Question in Family Law in India

If a Divorced man marries an unmarried girl having two children , is it O.K. und

If a Divorced man marries an unmarried girl having two children , is it O.K. under hindu law? If it is O.K. What is the status of the children? Whether they need to be adopted ? If the Divorced man is a central govt employee how to regularise the matters. Please clarify .


Asked on 3/25/04, 12:32 am

2 Answers from Attorneys

AVIK SAHA SAHA & RAY

Re: If a Divorced man marries an unmarried girl having two children , is it O.K.

If a divorced man marries an unmarried girl having two children, it is O.K. under Hindu Law since this marriage, does not fall within the purview of Void Marriages.

Status of children:

The man has to legally adopt the children, to make them the legal heirs of the man under the Hindu Adoptions & Maintenance Act 1956.

If the divorced man is a Central Govt. employee then he has to inform the concerned authorities/department so as to enable the spouse and the children get the due privileges and benefits.

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Answered on 4/21/04, 9:47 am
www.lawconcern.com S.Seshadri www.lawconcern.com

Re: If a Divorced man marries an unmarried girl having two children , is it O.K.

regarding query on Message ID: 927768573:

This reply assumes that both the man and the girl are hindus. A legally divorced hindu man can marry an unmarried hindu girl ( even if she has 2 children) and the marriage can also be reigstered.

It is not clear whether the girl is the biological mother of the children. If so whether the father of the children is alive. Assuming that the girl is the biological mother and the father as dead/ not traceable, the man on marriage can become the step father. However it is preferable to follow the procedure of adoption of the children legally to avoid confusion later on. The Government employee status of the man is not going to be affected.

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Answered on 3/26/04, 2:46 am


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