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Family Guy (b)     29 April 2014

Remarriage waiting period after divorce

Hello... Could some learned friend shed light on two questions:

 

1. What is the minimum waiting period between obtaining divorce (decree date) and remarriage as per Hindu Law?

 

2. What is the procedure for adoption of step children? Custody of children aged 13 and 19 is with their mother. Does one need consent of their father?

 

Thanks in advance...



Learning

 2 Replies

Tajobsindia (Senior Partner )     30 April 2014

1.    As per Law it is 90 days.

2.    First check with her about the rights natural father has given up or has kept contentious in relation to two children.

3.    If natural father has even given up rights of visitation along with custody of biological children to divorcee mother of the two children then as per HAMA S. 9 r/w S. 9(2) she can give one among the two children in adoption.

4.    Hence a Registered Adoption Deed and religious ceremonies in accordance with intended parties personal Law needs to be fulfilled and then one child among the two taken on adoption.

5.    Kindly follow these with the child who is stated to be 13 years old and for the other child who is stated to be 19 years he cannot be taken on adoption as it will not be as per Law of Adoption under Hindu Laws.

{Last reply}

2 Like

JURIS LEGAL SERVICES (CHIEF LAWYER)     30 April 2014

Agreed with expert.

Thanks

Advocate Masood


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