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Sunita Kashyap (Consultant)     19 June 2013

Custody after consent order

Dear Experts,


I got the custody of my 3 year old daughter (now almost 6 years) by consent order during MCD, in which a permanent alimony was paid to me and a part of it is in the form of FDR for the daughetr.

My ex husband then got married and moved abroad for almost 3 years and has never spoken to the daughter. He recently wanted to meet the daughter, which I allowed.

Now he is asking me to handover the custody of the child as his second marriage has also failed.

He is saying, he would file for custody if I don't hand over the child.

I am pretty tense now. Can this case be reopened? Does his second failed marriage make a difference? I don't know on which grounds his second marriage ended.

He had previously charged me wit adultery, which could not be proved. Also, thereafter I am having a live-in relationship, he now says that he would show me characterless.

My live-in partner is ready to marry me and legally adopt the child. What is the procedure for the same. Can it be done without the consent of my ex husband?

I look forward to some basic advise in this matter.


 2 Replies


First you should have married, instead of going for a liv-in-relationship. That would be the best wise way forward for you if you do not want to part with your daughter to your ex-husband.

Adv Archana Deshmukh (Practicing Advocate)     19 June 2013

Agreed with helping hand, that you should have got married with your partner instead of opting for live-in relationship. However, you can get married even now. But your partner cannot adopt your daughter without the consent your your husband particularly if your husband has objection to this. The Court won't grant your husband custody immediately. However, he can still get visitation rights as of now.
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