Legal Question in Family Law in India

I am getting married with a divorcee having 4 years son.The divorce was of decree of divorce.Her ex-husband tried to meet his son often upto 2009 and now divorce was EX-PARTY . My question is can he claim for his son ? when ? and if he does so will he get visitations rights ? the judgment copy orders her husband to give her 3000/- per month but he has not deposited any amount till date in court ( 3 years passed ) . Is the period for re-appeal is lapsed ? I wish to marry her and wish to give that SON my name. How to proceed ? the divorce took place in feb-2011


Asked on 3/23/12, 12:30 pm

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

Yes, her ex husband can file for the custody as well as for the visitation right. But he can get the custody only after the child becomes 5 years old. Although there are situations where the custody is not given to the husband. She should have gone for the execution of the order much earlier. It may be time barred now.You can marry her. There is no problem.You can also adopt him through adoption deed. for detail 919555462995

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Answered on 3/29/12, 5:16 am


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