Custody of kids
Sang
(Querist) 27 December 2015
This query is : Resolved
I've been divorced 5 yrs. I have full custody of kids through family court. I want to remarry. Just want to know if ex can refile for custody if I remarry. Please note,Nagaland tribal laws may play in part
SAINATH DEVALLA
(Expert) 28 December 2015
Unless and until it is shown to the satisfaction of the court that the natural father is disqualified or unfit to be the guardian of the child by reason of immoral or bad character or remarried, the court would not give custody of the minor to the mother,once legally the custody is bestowed to the father.
Hence If U are remarried she has a right to claim the custody of the children through court,provided she is not remarried.
SAINATH DEVALLA
(Expert) 28 December 2015
Sorry I am not aware of tribal laws of Nagaland.
Sang
(Querist) 28 December 2015
Thank you, I was not very clear , I am the mother not the father.
Rajendra K Goyal
(Expert) 28 December 2015
Consult local lawyer in view of the local custom / law applicable.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 29 December 2015
Does not understand whether u r he or she. Custody is with u by obtaining decree of divorce u r free to marry again
Dr J C Vashista
(Expert) 30 December 2015
Can you throw some light on the "tribal laws" in Nagaland (which do not have any separate constitution like J & K)with respect to custody of childern on divorce?
K.S.Srinivas
(Expert) 31 December 2015
Supreme Court of India ruled that custody cannot be denied to women who remarry.
In Appeal (civil) 5131 of 2006 between Lekha & P. Anil Kumar, the Supreme Court of India has held that a divorced mother can be granted custody of her minor child even if she remarries.
Dr J C Vashista
(Expert) 01 January 2016
Dear Experts,
Wish you all a very happy, healthy and prosperous new year.
Regards
Dr. J C Vashista, Advocate
email: majjagdish@yahoo.com
+ 91 98911 52939
