Legal Question in Family Law in India

Re: Fate of kids

as already teh childredn are with the father and teh children are grown up they will be given the choice

Re: Fate of kids

She cannot forcibly take away the kids. the custody will be decided by a court order and CONSENT of children will be important in this case since they are of age where they can explain their welfare aspects.

Re: Fate of kids

Based on the information given, first and formost if your fiancee had a divorce by mutual consent from the family court than that decree is binding and enforceable on both parties.In the divorse deed if the custody of the children is given to the father permenantly than that decree is enforceable in law. The only exception to the divorce by mutual consentis decree by fraud corercion,misrepresentation fraud, or mistake. If the courts have recorded the statements of all the parties than it is very difficult. Even the SC court has the view that decrees by mutual consent should ne interfeared with barring some exceptions.

My view is that you can marry him and still have custody of the kids.

If you think that the mother wants the kids it is wrong as she is not financially stable. The Couts will always seek the benefit of the children. Of course the wish of the children will also be taken into consideration by the Court.

But untill you do not get any summons,notice or order from any court, you can marry him and still live with the kids.

Re: Fate of kids

The ex-wife cannot take back the kids if there is no condition in the divorce order and the ex-wife had permanently had handed over the cusdoty of the kids to husband i.e. your friend. You may marry your friend freely and without any hindrance.

Further note that everybody has every right to avail legal remedy given by the law, hence you cannot stop the ex-wife from filing the case but your friend will get an opportunity to counter her false allegation.

Re: Fate of kids

the ex wife of your friend is having weak case at her hand.

children are now grown up and choose that with whom they wanna live

though court see their welfare and not their will but circumstances tell that ur friend has better grooming facilities.

if there is nothing contrary on papers then all is yours

Re: Fate of kids

Custody is already with father as per the settlement.He is also natural quardian of children.Children are grown up and their choice matters relating to choice of parents and the courts also give preference to the choice of children.