Family law

Querist : Anonymous (Querist) 08 June 2011 This query is : Resolved
I got divorce from a Hindu husband.With a daughter of 9 years old, I remarried a Muslim Man. Now my question is should my husband adopt my daughter from my previous marriage? Can his name be used as father's name in her certificates? Please answer. Thankyou very much.

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M.Sheik Mohammed Ali (Expert) 08 June 2011
when did you get the divorce ? and how long stay with your daughter ?, asper law not possible to take from you. in future if you want change the initial.

Querist : Anonymous (Querist) 08 June 2011
Dear Mr.Shek Mohammed Ali,

I extend my sincere gratitude to you for the reply. I married in 1997 Nov and got separated in Apr.1998 when I was conceived with the baby of 5 months in the womb.After that he never came to see either the baby or me.I applied for judicial separation through the CM cell but everything in vain.After seven years of separation I applied for divorce in 2005 and got it in Jan.2007. I got remarried in Mar.2007.Should my husband adopt my daughter legally so that she could use his name for initial or is it allowed without lagal documents? Please clarify.

Adv.Shine Thomas (Expert) 09 June 2011
Now your husband is the guardian of the child in the eye of law,need not adopt the child.You can change her name by affidavit and paper publication.

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