Hello Sir/Madam,
Please assist/guide me for the for further procedure of the following scenario:
My girlfriend (Sindhi) is divorcee with 4yr daughter. She and her ex-husband (Muslim) mutually agreed to get separated in 2013. Their marriage was performed as per Muslim tradition (nikah) and was documented by Nikahnama at mosque and was later they documented the marriage from Bandra Family court (register of marriage) post their nikah. As per one of the Lawyer 1 at Bandra court, it was advised that they can be separated by executing “Talaqnama” documented at mosque. So they did proceed with "Talaqnama" and got separated. They also prepared the Memorandum of Understanding (MoU) between both of them that they will not interfere in each other’s life henceforth. Custody of child will be with my girlfriend. Hence, surname of the child on birth certificate and in school is of Muslim religion. The lawyer did notary for MoU.
However, now, we both (my GF and myself) decided to do change of name for girl child to Hindu name. Now, we understand from Lawyer 2 : (1) Divorce order should be from court. (2) There should be consent letter (Legal court document) from her ex-husband that he will not have any issue for change of name or adoption. (in short, he should give in writing that he give away all the right for girl child) (3) Court order for custody of child is of mother.
Please advise what are the correct procedure and we are getting different views from different lawyer. Once the above is streamlined then what will be the further procedure to adopt the child (as by birth child is Muslim and I'm Hindu) once we marry?
Please let me know if you need any more information to advise me correctly.
Thanking you all in anticipation.
