ADOPTION OF CHILD

Esha (Querist) 17 September 2010 This query is : Resolved
Dear Friends

Husband and wife divorced legal on mutual consent and a minor child is born out of first marriage. The divorced wife got married for the second time and the second husband want to adopt the minor child of the first husband is it possible and what is the procedure for the same. Kindly reply. Thanks for the advance.

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Amita Chaudhary (Expert) 17 September 2010
who has the custoday of the child the mother or father as per the settlement arrived between the parties at the time of mutual consent?

Esha (Querist) 17 September 2010
The custody is with the mother and there is no court order of it for a long time the father has not got back to hear about the child

M/s. Y-not legal services (Expert) 17 September 2010
no problem the second father can adobt that child.. if its female child mean the age differance must be minimum 21 years between the 2nd father and the child.

..tom..

s.subramanian (Expert) 17 September 2010
Such an adoption cannot be made. There is no need for such an adoption since the second husband becomes the step father of the child ,in law.While being so how can there be another valid adoption at all?

Rajeev kulshreshtha (Expert) 17 September 2010
In my opinion if order of custody is not passed than the natural father's consent is necessary for the adoption.

s.subramanian (Expert) 17 September 2010
Yes. Mr. Rajeev. You are right.

s.subramanian (Expert) 17 September 2010
Under Hindu Adoption and Maintenance Act,1956,the ceremony of giving and taking is mandatory. If the natural father does not object,there is no need for adoption at all.As I have already stated the second husband becomes the step father under law.

M/s. Y-not legal services (Expert) 17 September 2010
if my answer is wrong mean extreamly sorry..

..tom..

Sri Vijayan.A (Expert) 17 September 2010
No, problem Mr.Tom
By thse things only, we learn a lot
I feel it is a stepping stone in learning

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