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Custody of female child after another marriage of either of the partie
02-Jun-2023 (In Divorce Law)
I want to marry a person who is a mother of a girl child and got divorce from her previous marriage in the court on mutual terms. The girl child, who is born from ex-husband (biological father) will be with us after the court marriage which we are planning in a few days.
(1) Whether he can disturb in our marriage which will be through a legal process.
(2) Whether her husband can put any claim on the child later.
(3) Whether the child have rights in ancestral property from her biological father.
(4) Any issue to be cautious from him being a biological father.
The religion of all parties is Hindu. I am a resident of Delhi and girl belongs from Faridbad, Harayana.
If the custody of the child has been decided at the time of the decree of the divorce by the Hon’ble Court then the husband can not claim it back easily except some exceptional circumstances like mother is unable to take better care of the child etc. Also the girl child will Akshay’s has her share in the both self acquired and ancestral property of her father. But it can be claimed in different manner. For any further legal assistance please feel free to contact
Thanks
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Adv. Bhawana Pandey
Delhi | 1000+ Answers
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Sir
Under the change in circumstances due the second marriage, the biological father can ask for the custody of the child in Court provided he will have to prove that it is in the best interest of the child. The welfare of the child is paramount.
Your marriage cannot to challenged or questioned in any manner whatsoever.
The child will have rights over the ancestral property of her biological father.
For any further query you can reach out to lawrato.
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Adv. Sishmita Kumari
Delhi | 100+ Answers
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If the other person got a divorce from the court you are entitled to marry that lady however regarding the custody of the child make sure any order has been passed into the order sheet or not because in divorce cases
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Adv. Dev Yati
Delhi | 5+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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