Marriage registration
shweta yashwant kunte
(Querist) 29 May 2013
This query is : Resolved
i am a resident of maharashtra n as per my knowledge if a mother is the sole custodian then she doesnot need consent from natural father.i have been remarried 2yrs ago as per arya samaj rituals.i have a 5yr old son from my first marriage.my marriage is not yet registered.and so my son has not yet got his stepfather's name.permenant custody is wid me.and my son's natural father has stopped giving his maintenance to my son.nw due to some conflicts my second husband want to file a divorce.and is not ready to give my son his name inspite of living wid me for 2yrs.
how important is the marriage registration before applying for a divorce?
Devajyoti Barman
(Expert) 29 May 2013
Without the consent of biological father, you can not change the father's name or surname of the child.
Your first husband is still liable to bear the maintenance of the child whereas the second husband is liable for your maintenance.
shweta yashwant kunte
(Querist) 29 May 2013
but sir my son's natural father has stopped giving maintenance from last 1 1/2 years widout any reason n has also stop access.now that he is not bothered to stay in contact what should i do? secondly my second husband want a divorce but i dont want.
ajay sethi
(Expert) 29 May 2013
make application to court for maintenance of your son by your first husband .
if your second husband want divorce but your are not interested then refuse to give divorce . or agree for divorce by mutual consent
shweta yashwant kunte
(Querist) 29 May 2013
but sir i dont want to apply again for my minor son's maintenance.secondly my second husband has not yet registered our marriage? i would like to know from u Adv.Ajay that do i need the consent from my son's natural father when he has given me the sole custody?
ajay sethi
(Expert) 29 May 2013
you may have been given custody of son by your first husband but you cant change the name of your son without his consent .
shweta yashwant kunte
(Querist) 29 May 2013
my second husband has not yet registered our marriage? what to do then?
ajay sethi
(Expert) 29 May 2013
even if marriage not regd it is still valid .
ajay sethi
(Expert) 29 May 2013
it dosent affect validity of your marriage with second husband . you must be having wedding photographs / invitation card of your marriage .
shweta yashwant kunte
(Querist) 29 May 2013
yes i hv wedding pictures n dvd.i also had the arya samaj marriage certificate but now it is wid my second husband.
shweta yashwant kunte
(Querist) 29 May 2013
actualy one of my known advocate had guided me by saying concent wont b needed if the natural father is not in any contact for nearly 1 1/2years.we can try to get it done widout consent.but due to differences between me n my second husband my second husband is not ready to register our marriage so that v can apply for the adoption.in short he is not willing to keep any relation wid my son too.
ajay sethi
(Expert) 29 May 2013
dont force your husband to adopt your son . visit a marriage counsellor to resolve your problems .
Sankaranarayanan
(Expert) 29 May 2013
You can get copy of the same from your samaj. With that you can
shweta yashwant kunte
(Querist) 29 May 2013
no sir.my problem is my husband has already seeked admission for my son to a good school by registering my son wid his new name i.e.my second husbands name.just because initialy v got to know adoption can b done widout any problm.my son has also learned to say his new name.and is known by new name in his school.i am therefore requesting my husband to first register our marriage and if psbl adopt my son.am in a big trouble n so is my son.my husband considered his statusn so he insisted to enroll by new name. :(
shweta yashwant kunte
(Querist) 29 May 2013
thank u expert: sankar narayanan.am looking forward to get it done asap.
Devajyoti Barman
(Expert) 29 May 2013
You apply before Arya Samaj, they would issue the certificate.
Raj Kumar Makkad
(Expert) 29 May 2013
Marriage registration is not mandatory before going for divorce. You have done a wrong by adding the name of your second husband as father of your minor son born out of your first marriage without the written consent of your first husband.
Custody do not mean that you have violate the law. Son belongs to you both viz. you and your first husband. He can create any problem for you on this aspect.
