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ASHISH JAIN   20 July 2016 at 16:10

Adoption of children on widow remarriage by step father

Hello Experts,

A widow Mrs. Asha (having one son and one daughter from her first marriage) remarries with Mr. Arun.

Now, Mr. Arun wants to have his name as Father's name in all the documents of children, like Aadhaar card, passport, school admission documents etc.

Now, the query is:

1. Is it possible by adoption? Or, what else should be done?

2. If adoption is done, then who shall give the children for adoption?
And if mother gives the childen for adoption, then, Will the right of Mother over children end?

3. Is there any way, by which Mr. Arun is able to get his name on all the children documents including school documents, aadhaar card and passport etc. without Mrs. Asha losing her right over the children and The Children becoming the legal heir of Mr. Arun in future?

Thanks.

kamal   20 July 2016 at 13:43

Procedure

My wife filed divorce petition in family court under section 13 1(i-a & i-b) of Hindu Marriage Act. In her main petition she has not claimed any permanent maintenance and alimony and nor she has filed any application u/s 25 of HMA act. My wife’s witness stage is now closed. Next date is fixed for my witness (respondent witnesses). I have a doubt that she will orally ask for permanent maintenance and alimony during argument stage.

My query : 1) This there any way by which I can prevent her from misusing the law. Because once my witness stage is over I would not be able to defend it on merits. Is there any misc application that I could file now requesting the court to direct her to file written application for permanent maintenance & alimony so that I am able to defend it on merits (with documentary evidences)

basavaraj shiromani   20 July 2016 at 09:05

Sec 6a of hsa

Father died in the year 200o and after his death, the name of two sons have been entered in the records to the deceased property as the dauher relinquished her rights over he property. Subsequently in the year 2013, both brothers partitioned the properties under registered sale deed. Now the sister claims partition against her brothers. What would be the effect of HSA Sec 6A.

kamal   19 July 2016 at 23:32

Procedure

My wife filed divorce petition in family court under section 13 1(i-a & i-b) of Hindu Marriage Act. In her main petition she has not claimed any permanent maintenance and alimony and nor she has filed any application u/s 25 of HMA act. My wife’s witness stage is now closed. Next date is fixed for my witness (respondent witnesses). I have a doubt that she will orally ask for permanent maintenance and alimony during argument stage.

My query : 1) This there any way by which I can prevent her from misusing the law. Because once my witness stage is over I would not be able to defend it on merits. Is there any misc application that I could file now requesting the court to direct her to file written application for permanent maintenance & alimony so that I am able to defend it on merits (with documentary evidences)

Dalip Singh   19 July 2016 at 21:34

Jurisdiction

Jurisdiction for filing Petition under section 13 B of Hindu Marriage Act lies at -
1. Where the marriage solemnised
2. Where one of the petition reside at present
3. Where the husband and wife last resided together
4. Any one option of the above (1) to (3)

Member (Account Deleted)   19 July 2016 at 17:48

Case guidance

Dear Experts ,
My elder cousin brother got married last year and it was an arranged marriage….after 2 months my brother came to know that girl committed fraud by hiding some information…at the time of marriage this information was kept confidential.After knowing about the issues my brother asked her many times that why it was not revealed before marriage but she could not reply and started arguing..Later her mom ,dad and girls brother started interfering purposely with my brother.Girl also started harassing my brother and she threatened my brother and started staying at her parents place.Immediately we filed a case of nullity and case is going on since past 12 months.Girl has not filed any case but of late now they are asking for money to settle the case.They stayed for 2 months and property belongs to my brother and he is paying EMI since 4-5 years.girl purposely wants to stay together with my brother just to harass him more.my brother is not interested to stay with her because of above issues…is there any chance that court will force my brother to stay with her??he is ready to provide alternate accommodation or rent...no dv filed by girls side.in this case can they seek relief under dv act and take undue advantage .is it good to continue with nullity or apply for divorce.Please share your views.Thank you all in advance.

Abhishek saini   19 July 2016 at 17:11

Mete chacha tau ne doka dhadi se property naam kar wa li

Mera naam abhishek hai mere papa or 5 Bhai or 5 bhen hai mere papa 2 saal phele guzar gaye mere papa me jane ke baad mere 1 chacha 1 tau ne meri dadi ki naam ki sari zammen apne naam karwa li or ab meri daDI EXPIRE ho gayi jab unano ne naam karwai this tab unone bola hum tuje hissa den ge or bole zammen iss liye naam karwai hai kun ki unka ek tau se jaagda tha or use dabne me liye naam karwai hai or ab so mana kar rahe hai ki bhul jao zameen ko ab muje kaya karma chaiye

omprakash agrawal   19 July 2016 at 16:30

Request to family court for the visitation of children during case

My daughter-in-law(Bahu) filed acase under 125 crp in family court at Bilaspur (CG). Can my son request court to bring children in court during case proceedings. My son is living in Nagpur Maharashtra. Can I can plead a case there in Bilaspur.

Keyur   19 July 2016 at 14:14

Advise on false 498a

Hi, this is Keyur Prajapati from Ahmedabad.
On one matter, my mother-in-law told me very curse words and my brother-in-law hit me. My wife was present at that time and she saw everything. This incident happened at my in-laws house. After that I and my parents did not stay there for a moment and we came to our house. I told my wife to come with us but she did not come. At that day we all came to know that my wife has become pregnant.
After 15-20 days my wife called me and I asked to justify whatever my in-laws have done with me. She simply refused everything and to told lie that nothing has happened. (Neither my mother in law has said anything nor has my brother in law hit me.) I asked her to tell and accept the truth bit still she does not.
Then after 3-4 months my wife came to my home with her father, mother and relatives. At that time all they have threatened us to keep my wife with us otherwise they will go to the police station and will register the FIR. We from our side told them to accept everything and ready to accept my wife on written condition bases.
Some of my relatives advised us to go to the police station to register a complain. Then I went to the police station and done so. As soon as my in laws came to know that I have registered a complain against them, my wife has registered the false 498a against me and my parents.
This is my first marriage and second of my wife. We have come to know that earlier she also filed a false 498a and took healthy amount of money and got divorced.
I hereby request all of you to give your best advice that what can be done by us and what should we do.
Regards,
Keyur

Keyur   19 July 2016 at 11:29

Advise on false 498a

Hi,

Please find the attachment.