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have child out of wedlock. query about marriage


26-Jan-2023 (In Divorce Law)
I am hindu woman. I am never married. I have a 5 years boy child born out of wedlock. However, in my child's birth certificate his name is there as father's name. He deserted me after I got pregnant. It has been 6 years but no word from him. He has no family members. No one knows about him. Now I want to get married to already divorced person with proper divorce decree. Do I need take any divorce before marrying him? My future husband wants to adopt my son and make him legal heir. can I register his name as father's name for my son?
Answers (3)

Answer #1
942 votes
absolutely you have to take divorce , file a case on the ground of desertion , after getting divorce decree you can marry again , if you marry without divorce u might face problem if your earlier husband back again .
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Advocate Hanumesh H N

Adv. Hanumesh H N

LawRato Bangalore / Bengaluru | 700+ Answers
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Answer #2
669 votes
no need u must file a divorce case against him and can file the case against him and can be getting maintainnc by him were does he stay and u can file the case against him for the divorce and maintain the court and order it online and
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Advocate Mallapa Nesargi

Adv. Mallapa Nesargi

LawRatoBelgaum | 100+ Answers
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Answer #3
527 votes
you need to get mutually diviorce him better otherwise you can change name of children and birth certificates better and entire certificate you need to change all birth certificates and adhara card better
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Advocate Shankar Bandi

Adv. Shankar Bandi

LawRatoBangalore / Bengaluru | 400+ Answers
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