Property rights of daughter after second marriage of wife who have custody of daughter.
J S
(Querist) 10 May 2016
This query is : Resolved
Property rights of 6 years old daughter after second marriage of wife who have custody of daughter and wife transfer second husband's name after daughter's name.
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I am Hindu.
I was separated after 4 years of marriage and got section 498a and section 125 from my wife after separation.
We deed divorce agreement by social/society tradition on zero amount of settlement and custody of daughter with wife, without any claim of daughter’s rights on property on responsibility of wife. All cases withdrawal by her. As per divorce agreement we can do second marriage after agreement and give complete support without any excuse to submit mutual consent divorce case as per deed.
Then after wife done second marriage without getting divorce decree of court. I sent notice for the same but she was not coming at that time for getting divorce decree on mutual consent. Then after she was transfer her name to the second husband from ration card and admit daughter in school to the husband's city. She had also transfer her name and daughter's name in social/society's book under her second husband's family list.
Now I decided to submit case to get divorce decree by Section 7 B of Family Court Act and submitted in Family Court on the ground of divorce agreement, certificate of society's president for present at time of deed and change name of her and daughter in book of society.
The stage in Family Court is now that she refuse her second marriage not done and refuse the responsibility of daughter's rights at the time after minor age on property which responsibility accepted by her in divorce agreement. But she give consent for divorce decree in her answer to the Family Court.
Other stage of proceedings are pending, after answer of her in the court.
Now I want advice that what to do for secure future from this kind of situation. I am able to collect and submit more evidence and witnesses of her second marriage and admission of daughter in school.
My personal care and efforts are very high in my all cases. So, it makes me a little lawyer without degree but knowledge have no end and valuable suggestion of others and discussion is the best knowledge for the person who have to improve knowledge. If anyone have courts citation then suggest me.
Please give me your invaluable advice. Appreciate yours efforts in writing suggestions.
Thank you.
Regards
J S
Kumar Doab
(Expert) 10 May 2016
The daughter remains legal heir.
P. Venu
(Expert) 11 May 2016
Please state the simple facts without your subjective opinions.
Rajendra K Goyal
(Expert) 11 May 2016
Divorce agreement without court decree is illegal.
If she has married, not cooperating for mutual consent divorce from court, can file case for adultery. file divorce case on this ground.
Name of biological father can not be changed without consent of both parents. If she has done so, lodge police complaint.
Girl has share in the property of biological father.
