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Want my child custody after my wife's demise,


06-Jun-2024 (In Divorce Law)
We mutually divorced 5 years back, & I unconditionally relinquish rights on my son's welfare as father in mutual agreement. But now my wife demised, I want my son back. But now my wife's brother is denying to return my son stating, my wife under CARA, has given adoption to him(brother of my wife) without my consent. So my son is son of him, I. e, he registered a will, after his succession my son would be legal heir Will this adoption is valid, But 7 years I not paid any single rupee to sonwelfar
Answers (4)

Answer #1
789 votes
1. when your wife is alive she can give the child for adoption with your consent..then it is a valid adoption deed. 2. your wife and you are having equal legal rights to give child for adoption. 3. if the child is given for adoption by your wife only then it is not valid adoption.
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Advocate Geethanjali Setty

Adv. Geethanjali Setty

LawRato Bangalore / Bengaluru | 200+ Answers
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Answer #2
585 votes
how old is your son now ? weather you have to check whether it is a true that your wife has given your son in adoption to her brother. the fact of you not paying anything to child for last 7 years can be managed. contact me if you want custody of the child.
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Advocate S.K Prabhakar Shetty

Adv. S.K Prabhakar Shetty

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Answer #3
967 votes
Dear Sir, The so called adoption involves so many legal issues. Normally, without the consent of father who is living adoption cannot be given by the wife through CARA. You have to file a suit for cancelling such adoption against your brother in law and also CARA thus you may succeed and also file petition for permanent custody of the child as your wife died.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

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Answer #4
733 votes
You are biological father and if you have agreed for the custody of your child with his biological mother and after her demise you can claim back custody of your son from them on the ground that your are biological father and ready to return back as his biological mother is no more.
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Advocate Babita

Adv. Babita

LawRatoBangalore / Bengaluru | 200+ Answers
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