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Mukund (Manager)     30 May 2013

Mutual divorce and custody of children

Respected Advocate, I am an IT professional and a divorcee. Me and my ex spouse got divorce by mutual consent in the year 2004. We have a son out of the brief wedlock born in year 2000. It was agreed between we two that the custody of our son will be handed over to me after she gets married. She told me way back in mid 2005 about her remarriage but she did not hand me over the custody of our son. I sent her legal notice but she did not tell me about her whereabouts and refused to handover the custody. I have not been allowed to meet my son since last 10 years approx. From my side, I did not legally ask for custody of my son. I used to pay her money every month as per the court decree till she got married for maintenance of my son, which I stopped paying after she told me about her remarriage. I am still alone and did not remarry yet, but planning to marry soon. I have not identified my would be partner yet. I receive a lot of marriage proposals, but they are concerned about my ex and my son from my first marriage creating any trouble in the future about property about overall success of my second marriage. Is there any real possiblity of this happening in future?. Request you to please answer my question in detail quoting some judgements of high court of supreme court if you can. Thank you very much, With best regards, Vikas


 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     30 May 2013

The overall success of your second marriage depends upon you and your second wife only. As far as property is concerned then, your first wife cannot claim anything from you now. Only your son is legally entitled to succeed you as your heir along with your second wife and children. But when your first wife have not even let you know her whereabouts since last so many years and have even got remarried, then why you are unnecessarily bothering about she and the son creating any trouble in your new life?

1 Like

Advocate Ravinder (Advocate/Attorney)     30 May 2013

I completely agree with Archana madam,


But once thing you have not said that you want your son back or not.  If you take your son back, you have to convince your second wife to keep you son with you.  If she object, it will be again a problem. Take necessary decision.


My advice is that you take your son back and convince your second wife and lead a happy married life. If you have interest, finding whereabouts is not a problem.  

1 Like

Mukund (Manager)     30 May 2013

Thank you very much to both Archana madam and Ravinder sir for quick response.

I do not think I have the option of getting my son back to me. I say this because, my ex-spouse absconded with my son without letting me know their whereabouts. Now, I do not know where my son is and I am not in touch with him even over phone. I will not recognize him even if he comes in front of me and the same would happen with him, he would not recognize me as his father. I only wish that where ever he is on the back of this planet, he should have smooth life.

As per Archana madam my son will have a right in my property in future. As I mentioned earlier, my ex-wife and my son are not in touch with me since last 10 years approx. Which means no where my son is using my name as his legal father, it must be some one else but not me. Given this situation, will my son still have a right in my property in future? Please be kind to respond to my this query.

Thank you very much again, With warm regards,

Adv k . mahesh (advocate)     30 May 2013

After remarriage as per legal right you should have pressed her to give you child and you got information about her remarriage and how come you have not responded back to handover your child to you 

he is your legal son and when ever it is he is your legal heir to your property and if you marry again second time then also he will be your first son 

so try to tell all details to your wife do not hide it and marry and even after your marriage if you marriage with you have children then all the children and your 1st child will be having equal share

Advocate Ravinder (Advocate/Attorney)     30 May 2013

What I want to tell Mahesh had explained.  No more to add. 

Advocate Ravinder (Advocate/Attorney)     30 May 2013

Need Justice is cent percent correct.

Sachin (Executive)     16 June 2013

That means however both have got divoce long back and stil child from the previous wife can get share in the property of Father.

Please correct me if i am wrong.

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