Legal Question in Family Law in India

I got an ex-parte divorce in India in 2006 as my husband refused to attend the court proceedings. My daughter was three year old at that time. Later, as I had difficulty getting a passport for my child, I applied separately for a custody for my daughter which I got from the court.

The girls father keeps changing his identity, has never supported us.

I want to know if I get re-married, can my spouse legally adopt my daughter? Will we need to obtain consent from my ex-husband?

Also, is there any chance that my ex can claim any rights for the child.

Please advise.


Asked on 2/22/13, 12:57 am

4 Answers from Attorneys

yes you can get remarried ...and no he can not make any claim for the daughter as court has given her custody to you....

for any help contact at [email protected]

Read more
Answered on 2/22/13, 11:41 pm
Sanjay Kalra Sanjay Kalra & Associates

Once you have the custody of your child from the court then in that situation ex husband cannot get custody of your daughter and 2ndly your new husband automatically becomes the step father of your daughter. You dont need any permission from any one..........Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

Read more
Answered on 2/23/13, 12:39 am
Jayesh Desai Jayesh Desai

You can remarry. Your Ex has no right as of now, without any order from Court, as you have her custody. Now your child must be 10 years old. It is a matter of few years now, as thereafter she will be major and your ex cannot go to court for that purpose. Any way your new husband will be your daughters' step father.

Read more
Answered on 2/23/13, 8:40 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India