How do I get a court certificate/order stating that I am the legal guardian of my minor son from Indian court?
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How do I get a court certificate/order stating that I am the legal guardian of my minor son from Indian court?
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I am a Hindu woman residing in India. I got divorced from my husband(hindu) in 2006 through mutual consent. At the time of divorce my ex-husband had stated in the petition that that the child (male, now 10 yrs) will be in my custody. He does not have any objection if the child is adopted by any other person or couple in future and will never interfere with the upbringing of the child. He will not give me any alimony (I had also declared that I will never claim). All this came as an affidavit with the court order. Subsequently I got remarried in the year 2007 to a man who was a childless divorcee i.e. he didn't have any child. We want to file a passport for my minor son and would like to use the name of my present husband as legal guardian. In order to do that the passport office needs a court certificate stating that I(natural mother) am the legal guardian and the step father can be the legal guardian. I don't know the whereabouts of my ex since our divorce. Is it possible to get such certificate and if so how? Our divorce had taken place in Kolkata session court. I have got remarried and the same was registered in Bangalore which is the place of my current residence. Can I get such certificate from the court in Bangalore? I would also like to mention that at the time of divorce, i.e when my ex agreed that the son will be in my custody, the child was 7 yrs of age. He had declared that he will never claim any visitation rights and that I will never claim any alimony from him. Please help me.
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Adus
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Thanks for your response. First of all I don't know the whereabouts of my ex. The child is exclusively in my custody. If not adoption, the court can grant me the permission of being a legal guardian since, 1. I am taking care of the child and the father did not pay any maintenance. 2. In the absence of father, considering the future of the minor, can't the mother have legal guardianship or else I will never be able to take any decision on his behalf. I think the Supreme court had once given a landmark judgement in the year 1999 where the mother was granted legal guardianship. |
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Joshi A
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It involves legal matters. Consult a lawyer. |
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