Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dayanand tibb (nothing)     05 August 2015

Adoption

Greeting wise peoples,
I married to a girl who has a boy of 6 yr and want to adopt the child but her ex-husband is not giving his concent ,My wife only applied Divorce and got decree 2 yrs back but that exhusband  was never give a littile concern to my wife neither her child not even my wife asked for alimony as i dont want that idiots money to our son ,but he is coming in 2-3 month interval shouting at doors disturbing my family and even my reputation ,so i went to him asked him for adoption so i can give that child a brighter future  far from court issues rather than a confusing life  , but that person is not giving his concent as he saying that he wont let us live happily ever . What shall I do ?

 



Learning

 5 Replies

saravanan s (legal advisor)     05 August 2015

adoption is not possible without the consent of both the parents.as far as the ex husband coming to your house and shouting at odd hours you can apply for a injunction against him from coming to your house.


(Guest)

Looks like the person whom you married is the culprit. With one child she could ditch a man, and dont know what she can do to you.  Regarding the ex-husband if he files case for visitation or custody of kid, you cannot do anything, but of course you can tell the court that he comes and disturbs at your house.

But mistake is yours, who asked you to marry woman who has a child? All these problems are free which come with divorced wife ! There is nothing much you can do about it than to look for a shoulder to cry.  Good luck.

Dayanand tibb (nothing)     06 August 2015

Greeting wise peoples,

Tank you all for your responses. So there is no legal solution for this problem,Even he is drunker ,gambler he has every right to disturb me and my family .My wife who ditched that person did right as she was forcely married and that lady is a goddess to me as he took care my father mother like their own girl, gave every money she saved from her job to give my brother higher education in foregin university so i cant admit that i did a mistake holding a hand of a girl who was tortured. My son doesnt even want to see that person face as he was also witnessed the torture to his mother ,but my son is only 9 yr so I justwant to know if law can help me or not .Any way now i see law is crippled.

Thanks to everybody

saravanan s (legal advisor)     06 August 2015

lodge a police complaint against him stating the reasons that he is harrassing your wife and child.that will do

Adv. Pandit (Practicing Advocate)     06 August 2015

Your wife can excersie available options to get you'll out of this situation. First, you must lodge a complaint with your local police station, keep a copy of the NC. Then, your wife can file a custody petition claiming sole custody of the child bringing on record proofs of her ex-husbands misbehaviour and how this can cause threat to the child's welfare and life. If ther divorce was granted out of a cruelty petition, those facts can be used in the custody petiton to make a stroinger case. If it was mutual, you can use the breach of terms to show contempt on part of the ex-husband.

 

While you may not be able to adopt the child legally, there is provision to safegaurd his intersts in liue thereof, at least till he attains majority.

 

Also, initiating Criminal and Contempt proceedings against the ex-husband based on his actions will help putting pressure on him to clean up his act or face penalties thereof. Best of luck.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register