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Bhaskar Bhattacharya (Free Lancer)     15 April 2013

Get married with a divorced guy

My sister want to get married with a divorced guy, The guy got his divorce in last Nov. 2012. They have had a kid, who is under her mother's custody as of now, but in their divorce paper its mentioned that if the mother gets married, the father will be the permanent custodian of their son. I would like to know whether its a one dimensional clause or if the father gets married what will happen to that kid?

Also can the ex wife or son claim any part of property in near future?

 

Looking forward to your kind opinions.

Regards



Learning

 6 Replies

Tajobsindia (Senior Partner )     15 April 2013

1.    It is a unilateral Clause.

2.    If wife at the time of Divorce ‘did not give up her property rights during her divorce’ then she can always lay her claims provided she is not get re-married.

3.    If wife at the time of Divorce ‘did not give up her rights to residence post divorce’ then she can always lay her claims provided she is not get re-married.

4.    Minor can always claim his share via natural guardian (currently her mother).

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     15 April 2013

I completly agree with Expert

Bhaskar Bhattacharya (Free Lancer)     15 April 2013

Thnx for your reply, now if the guy gets married too, what will happen to the child custody? because it seems a one sided clause, nothing mentioned about thechildcustody if the father gets married.

Tajobsindia (Senior Partner )     15 April 2013

1.    If he gets married now then he has to wait for any ‘change in circumstances’ to happen with his ex wife / natural mother of the child to lay legal custody claims on child.

Free legal advice:-
"Any unilateral MCD clause gives room to open for challenge." Re-read this free advice once more with a seasoned Advocate and work towards it only if he wants child custody before OR after re-marriage!


Bhaskar Bhattacharya (Free Lancer)     15 April 2013

Ok thank you all for your valuable inputs. Also can anybody refer me a good pvt. investigation org. for pre marital enquiry? I preferably have a office in my city, kolkata

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     15 April 2013

Dear Author,

I do agree with the views of my Ld. Friend.


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