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Children's rights after failed marriages
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Siddhartha Shah
A practicing advocate of Mumbai High Court. He specialises in Civil, Criminal, International and Matrimonial Laws. He opines on Indian Laws and the Legal System. Have a question? Click here...
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Rights after divorce
Sanjay P asks,
What are the rights of a wife on marriage when both are divorcees and are going for remarriage? What about the children from her first marriage? Do they have any legal rights over their mother's second husband?
Dear Sanjay,
As per your query, firstly it is very important to check the valid court's order granting divorce if either of the propose spouse is a divorcee. You also need to confirm the date of the said order and check its legal validity pertaining to its appeal provisions for getting remarried after the divorce order only if the divorce is not obtained by mutual consent. As regards the wife's children from the first marriage it depends who has been given the custody of children by the directions of the Hon'ble court. For instance, if the second husband adopts the wife's children with the permission of the first husband and in accordance to the court's order, the said children shall have the legal rights over their mother's second husband too. The said adopted child has the same rights as that of child related by blood.
Arya Samaj marriage
Vijesh Kumar asks,
We are Hindus and from the same cast. Is an Arya Samaj marriage valid? I read after marriage if we have to register our marriage, we have to complete 30 days at least. Is this true?
Dear Vijesh Kumar,
As regards your query, since both of you are Hindus, you can definitely get married as per Arya Samaj process which is legally valid marriage as per Hindu Vedic rites. Kindly note that after getting married at Arya Samaj, you would get and need to obtain the certificate of marriage from Arya Samaj duly signed by the priest. Thereafter you can immediately make an application at the office of registrar of marriages for registering your said marriage. Both of you will have to submit the marriage certificate submitted by the Arya Samaj along with age proof, residence proof and three witnesses. If you are getting married as per Arya Samaj rites then you need not wait for thirty days for the registration compliances.
Child custody
Vijay asks,
I am a postgraduate medical professional married to a spouse of similar educational standing since past 13 years. We have two kids son (11) and daughter (6).
My wife has cruelly treated my parents and me. Please let me know chances of custody of at least one child with me.
Dear Vijay,
As per your query, you will have to file your papers before the family court for seeking appropriate directions on child custody. You may file your petition at the place where you or your wife resides. You may note that the welfare of the children is of paramount consideration taken by the court in granting the custody of the children. So in brief there are multiple factors, which the court shall consider and shall in accordance grant the custody of children depending upon the circumstances and situations.
Delay in registration
Sheetal Shah asks,
I am married since last 6 months. Due to a change in job outside Mumbai, we could not register our marriage till now and hence I am not able to change my surname and address in my passport. Please suggest how should we register our marriage and will there be any penalty charged for delay in registration?
Dear Sheetal,
As regards your query, both of you will have to approach the marriage registration office situated at the place where both of you have got married or else where both of you last resided immediately after marriage in India. Both of you will have to fulfill a compliance and procedure required at the office of marriage registrar viz by submitting details, by filling a form and giving your details and proof regarding your age, residence etc and with any necessary documents, if any, along with the necessary signatures of three witnesses and their valid proof of residence. You will have to bear the nominal required stipulated fee for registration of your marriage.
Hindu-Muslim tie
Lata asks,
A friend of mine, who is a Hindu and an Indian passport holder, is willing to marry a foreign national, who follows Islam. They want to marry in India. Can you tell me what would be the procedure for a civil marriage for them and legal requirements?
Dear Lata,
As regards your query, your friend can definitely get married and get the marriage registered in India under the provisions of Special Marriage Act 1954.
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