Adoption of step child / guardianship
mohammad asif khan
(Querist) 31 July 2016
This query is : Resolved
Respected Sirs,
1.I married to a Divorcee-women with 51/2 yrs old son according to Sharia law(sunni muslim).I am living and working in UAE, so i need a guardianship or adoption certificate from india to sponsor my step son. My wife's ex-husband is absconding from last 6 yrs in india and not in a contact with my in-laws at home. so I need to know that what is the procedure to get the required certificate from Indian government to support my step-son in UAE.
2.I visited Indian embassy in UAE, but no use. they suggested me to go India and take certificate from courts in India.
3.My wife's divorce was an ex parte granted on the grounds of abandonment ( her ex husband hasn't turned up for last 6 years before hon'ble family courts in Maintenance Case and before Qaziat office, at Gulbarga) but her divorce certificate(Qaziat office, at Gulbarga, Karnataka State) is silent about custody of her child. Do i need to get sole custody from court first?
Kindly advise.
Kumar Doab
(Expert) 31 July 2016
The following is with limited understanding of the matter.
Probably the Indian Embassy has hinted to get acknowledgment of Paternity.
Even if the Qaziat office, at Gulbarga, Karnataka State, is silent about custody of her child, the well versed officials might have updated you on the provisions and possibilities verbally.
Islam does not recognize adoption.
The Guardian and Wards Act, 1890 may confer guardianship until the child completes 21 years of age.
Acknowledgment of Paternity may be the option.
However you must get all record and documents examined by a very able counsel specializing in such matters and well versed with laws that apply to your sect.
R.K Nanda
(Expert) 31 July 2016
Contact lawyer personally.
adv.bharat @ PUNE
(Expert) 31 July 2016
Contact local advocate specialised in such matter.
Kumar Doab
(Expert) 31 July 2016
Repeated at:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=140370&offset=0
Kumar Doab
(Expert) 31 July 2016
Expert; Senior Mr. Suri.Sravan Kumar has cited interesting observations in other thread.
Rajendra K Goyal
(Expert) 01 August 2016
Well advised by expert Kumar Doab. However, show all documents to local lawyer and discuss.
mohammad asif khan
(Querist) 01 August 2016
dear sirs,
thanks for your suggestions......
I had gone through the act "Juvenile Justice (Care And Protection of Children) Act, 2000", my matter is totally different from the above mentioned act because his natural parents are alive and his mother is staying with me and in bond of marriage(legally).
please if you have any other suggestion without hurting my step-son and his relatives, can I be the guardian upto his majority or not? if yes, please show me the way?
Kumar Doab
(Expert) 01 August 2016
The following is with limited understanding of the matter.
You have posted in last post only that:
"can I be the guardian upto his majority or not?"
As discussed in this and other thread that:
'may confer guardianship until the child completes 21 years of age.'
' i need a guardianship or adoption certificate from india to sponsor my step son.'
You may get all record and documents examined by a very able counsel specializing in such matters and well versed with laws that apply to your sect.
You can also check with learned scholars of your sect.
