anandangan (self employed) 03 September 2010

Marriage of a Divorced man with a Divorced woman (both havin

A Divorced man with a girl child of age 11(under custody of father as per mutual consent divorce).

A Divorced woman with a girl child of age 5(under custody of mother as per mutual consent divorce).

All are Hindu.

Now if they (i.e. divorced man and divorced woman) marry, then ....in that case, would anybody please explain about the legal entitlements of the minor girl child aged 5, in the above case?

Will the girl child(aged 5yrs) have any rights in the 'property' of her biological father after this marriage?

As per HAMA 1956, the minor girl(5yrs age) was still logically having a choice, after attaining the age of 18 yrs, to go back to her biological father or be entitled to get support from him until the girl remained unmarried. Because the minor girl was still carrying the SURNAME of her biological father.

But due to re-marriage of her mother to another man, her inheritance/entitlements/ etc. ties with her biological father would automatically get void and minor girl's SURNAME also would automatically get changed to the new step-father.

I believe that legally there are no differences between step-father and adoptee father, from the view point of the minor girl child, from the perspectives of inheritance, child support etc etc.

Can anybody please explain all possible legal implications of such marriage to minor child especially the one 5yrs old?

Isn't there any violation of personal rights of the minors? Or minors don't have any such rights 'not to choose the parents' ?

I know of a father who was fooled during the mutual consent divorce and thus he lost the custody of his minor daughter. But now his ex-wife is getting re-married and there no way he can get back his daughter though he keeps visiting the minor kid every week and also is very very attached her.........

Thanks in advance.

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4 Replies

Adv Archana Deshmukh (Practicing Advocate) 03 September 2010

Remarriage of the mother does not change the paternity of her daughter. Her ties with her biological father will not get severed because of her mother's remarriage, She continues to be the daughter of her real father and will take his surname only. If her surname is to be changed to that of her step father then, the step father will have to take her in adoption first, for which the consent of the biological father is necessary.

anandangan (self employed) 03 September 2010

@ Adv Archana Madam

Thanks for your reply.

Is there any difference, from the eyes of the law, in the following legal terms in regards to minor kids in a divorce dipute ....

'(sole/appointed) Custodian'

'(sole/natural/appointed) Guardian'

which word is superior?

HMA talks about custody. HAMA talks about guardian.

In a contested (or mutual consent) divorce case.....

Doesthe Hon. Court adjudicate/nominate a Guardian or Custodian?

Whether the Hon. Court has powers to adjudicate/nominate a Guardian or Custodian?

If the Hon Court decrees about the custody of minor (and custodian), Does that implicitly suggest the guardian also?

Arup (UNEMPLOYED) 04 September 2010

the marriage will be valid.

the children will be statused as step child.

legally there is no difference between a step child and a bio one.

go ahead.

a good example for querlling spouses.

Adv Archana Deshmukh (Practicing Advocate) 04 September 2010

Yes, in a case of divorce the court does adjudicates upon the custody of the children out of the marriage. Eventhough the custody of the child may have been granted to the mother the ties of the father is not severed unless the decree specifically prohibits the father from meeting the child and all rights are given to the mother only.