Legal Question in Family Law in India

Second marriage

Sir, I am a widower(Hindu) having two children.I have decided to marry a divorcee having one son. My doubt is, Is our marriage ( either registered or tradional) is sufficent to make me as a legal father of my wife's son and my wife as a legal mother of my children? or a seperae adoption is required?


Asked on 5/19/07, 12:25 pm

5 Answers from Attorneys

Prabhat Shroff Shroff & Company

Re: Second marriage

As regards your children, since the mother is dead, your second wife does not need any seperate adoption deed; even though she will always remain the step mother of your children.

As regards the son of your second wife, you may have to legally adopt the son, with the consent of the natural father.

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Answered on 5/21/07, 2:56 am
rajeshwar sharma rajeshwarnathsharma

Re: Second marriage

It is not clear by you whether your intended wife while getting divorce from her husband got the custody of the son.

You will become the father of son of your intended wife after remarriage. There is no need for you to take the son by adoption.

For further query contect me or any lawyer

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Answered on 5/19/07, 11:53 pm
G. M. Gupta gmguptaandassociates

Re: Second marriage

marriage is sufficient. no adoption required

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Answered on 5/22/07, 10:05 am

Re: Second marriage

Your wife can be mother of your child but in your case you have to take the children of your wife by way of adoption to become their father.

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Answered on 5/19/07, 12:40 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Second marriage

Since husband of the lady is alive, he is entitled to custody of his son. Therefore, without his consent,your wife cannot even give the son in adoption to you; thus you cannot become father / adopted father of your wife's son from first husband without his consent;

in case of your children from first wife, your second can become their mother by adoption.

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Answered on 5/19/07, 1:41 pm


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