Legal Question in Family Law in India

Sir

Pls guide me ... I and my Husband were in the process of adopting a child from the Adoption agency . We mutually had agreed to adopt a child as we don't have our own child. Since the process is quite long , the girl child was handed to us one and a half years back . During this period there has been visits by the adoption agency and everything has been satisfactory . Inspite of numerous followup , there has been delay from court to officially hand over the child to us ( All the formalities have been completed from our side ) . We are only waiting for the release of official papers from the court .

For the past six months , there has been a disturbing development wherein my husband has lost his job and has resorted to domestic violence and verbal abuse . Living with him has become out of question as I am in constant fear . Numerous counsellings has had no effect on him . I am financially independent as I work as a Teacher in a school. Since I have become attached to the child , I have the following questions:

I wish seek to seek the custody of the child after Legal seperation, can I have the child( as the papers are yet to be handed over by the court ) or will the court take a stand and the child go back to the Adoption Home ?


Asked on 5/01/10, 8:45 pm

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may be entitled to custody of the child in your own rights and may adopt the child as a single mother.

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Answered on 5/02/10, 9:09 am


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