Legal Question in Family Law in India

Re: marrying an unmarried lady having children and connected problems

There is absolutely no legal restriction in a govt servant, a hindu divorcee marrying an unmarried lady. The children, until they are adopted by you, will remain the children of the lady. Of course, you will have to formally adopt the children under the hindu Adoption procedures. The birth certificates are no problem.

Re: marrying an unmarried lady having children and connected problems

You need to adopt the children as per the relevant provisions of Law, and the absence of birth certificates can be addressed by filing a petition before the court to issue a birth certificate, and their is no legal restriction or bar to enter into a wedlock with an un-maried lady.

Re: marrying an unmarried lady having children and connected problems

In response to your query,

(i) It is presumed your divorce has been approved by the court. In case it is by mutual undersatanding and permissible under customs of the community, suitable affidavit signed by both must be made. You have not mentioned whether any children are there from the previous marriage and if so what is the arrangement made for their maintenance

(ii) No bar for gov. servant to remarry except if two child norms are applicable and total number of children including adopted one exceed that number then FUTURE benefits available to the gov. servant will be affected to that extent

(iii) Adoption formalities will have to be made as per provisions of Hindu Adoption and maintenance Act. Otherwise they will not have any rights in your property.

Re: marrying an unmarried lady having children and connected problems

SO FAR AS UNMARRIED MAN MARRYING A DIVORCEE WITH CHILDREN OR VICE VERSA

THE CHILDREN WILL BE TREATED AS STEP CHILDREN .NO RIGHT IN PROPERTY OF THE OTHER SPOUSE.READ MULLA ON HINDU LAW . SO FOR AS ADOPTION IS RELATED, YOU HAVE TO COMPLY CONDITIONS OF HINDU ADOPTION AND MAIMTAINANCE ACT

.A VALID ADOPTION DEED IS REQUIRED. ITS ME RATNAKAR SALGAONKAR