(Guest)

Marrying a divorcee

Dear members,

I'm a male 33, Hindu, single, working. The woman I love, is married with a 3 yrs old child. She is 33 yrs old, Hindu and working. There are problems in her family and she wants to come out of the marriage. I want to marry her after the divorce and want to adopt the child. Please tell me what are the things I should know before I proceed. Would I have the complete parental right as I happily want to take all the responsibilities of the child. What are the rights of the child's biological father would have after the adaption. Would getting a divorce be complicated for her?

Thanks

Vinoy Rastogy

Aligarh, UP

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4 Replies

Tajobsindia (Senior Partner ) 17 August 2014

1. First ask her to seek clear divorce decree title from her present marriage. Then ask her to wait 90 days for any Appeal and then one can marry her with child from first marriage.

2. During her divorce it should be clear from natural father of minor to give away his physical custody rights and no objection to adoption as clear consent then only via Court you can adopt the Child and nurture as you being father on papers.

3. I donot know where her marriage lis rests nor it has been told to me in details herein so cannot comment if she is going to have smooth divorce decree as title out of her first marriage from her first husband. Discover them yourself since special facts are known only to you!

Observation:
"There's many a slip twixt the cup and the lip"

[Last reply]

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 17 August 2014

The adoption petition shall contain all requisite documents as per Schedule-VII. adoption act.

(Guest)

Thanks for the reply.

What if the natural father gives away his physical custody but refuses to give no objection for adaption ?

What could be done in that case?

Reformist !!! (Other) 06 March 2015

Vinoy, pls try to understand what are the problems in her 1st marriage. Those problems may come in ur marriage too, if not investigated now. Further as suggested by tajobs, adoption can be done only if fill custody is with the lady.