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Anjali Sharma (advocate)     10 November 2011

Right on son of first marriage

Dear Sir,

A (Husband) married to B (Wife), A & B got divorced after some times and from this marriage B had a son (S) from A. After some times B got married to C(second Husband). C accepted S and gave all the love and affection required by S. After the divorce  of A & B, A never came or tried to meet  S nor filed any court case to get the meeting right or custody of S. S is 7 year old boy and love C like anything. Now B is at the death bed. In this situation wanted to know whether A had a right to get the son from C or not. C love S like his son and do not want to get seperated from S. A is not ready to give in writing about the custody of S nor making any demand.

Need your guidance what should be in order to protect the interest of S. C wants to tranfer some property and make FD in the name of S, but was under fear what happened if A come and demand for the custody of S.

 

 



Learning

 2 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 November 2011

Hmmm,

 

The same would now be decided on the basis of welfare of the child concept.

 

A, when not concerned about the welfare of the child for so long, should not get the custody of the child.

 

Though, it would be better for C to make FDs in his name and willed to S.


Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Piyush Vaishnava (Advocate)     10 November 2011

yes, i agree to kapoor sir


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