Dear Sirs,
Kindly give me your suggesstion for the following :
An husband and a wife got MC Divorce three months before at Bangalore. They have a male child about 5 years. Mother took care and responsibility of her child. The father has no objection for this and gave his rights. They forgot about the welfare of the minor child in future. As both are earning, mother did not claim any maintenance allowance. Father agreed to register a Site ( 20X40 measurement) in the name of his minor child, but he has registered the site in the name of his wife (Ex). Meanwhile, the mother has married another Man.
My Point is that :
As per the HIndu Marriage Act, if widowed mother get re-marriage, she will lose the right of natural guradian. What about a Divorced woman get re-marriage with another man, whether she will lose the right ? If she get lose of the natural guardian who will take care of the child in the present and future maintenance of welfare and education of the minor child ? If, father gets re-marriage of another woman, whether he will lose the right of natural guardian of the child or not ? If both husband and wife lose the natural gurdianship of the child, who is eligible to get the natural guardian of the child ? Can he change of the name in the site - previously in the name of his ex-wife's name ? Will it be acceptable for the Grand Mother of child ( mother's mother ) to take the responsibility as a natural guardian of the child ? For that where she ( the Grand Mother ) apply or make a petition - whether in the Civil Court or Family Court where the people got divorced.
Sir, this is a matter of the welfare of the minor. At present, the child is with her mother' control in the Day Care Centre. As mother of child has got re-married with another man, the father of the child is planning to get re-marriage. If the situation is being this, who will take care of child in the present and future life as the Court of Law.
Kindly provide your suggession.
Thanking you,
(D.DAKSHINA MOORTHY)
