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Want legal advice for divorce. Want legal advice for divorce.

3 years ago

My sister was divorcee. Last year We fixed her marriage with widower. He is working in Indian Railway. Before marriage they assure that they will accept my sister's son of 5 yrs old. He is having 5 yrs old daughter too. Now after marriage, he is completely changed. He didn't care about my sister's son and sister. Also told my sister that if you are not okay then you can leave. They are partial for my sister's son. Not ready to bear the expense of my sister's son. There is no husband wife relationship between them. It's just marriage for doing house hold work and all. What to do. We don't see the future of my sister's son. He was told by them that go to your Nana & Nani's home and stay there.

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
The step father is not under any obligation to maintain his step son. Its the responsibility of the biological father and the mother. No legal action can be taken against the step father. However, in your case, your sister can file for divorce on the grounds of all the issues mentioned above. Thank You.
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Anik

Responded 3 years ago

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A.Hi,
Remarriage of divorced wife does not preclude the biological father from the liability of maintaining his son, irrespective of where the wife is living. Legally, stepfather is not obligatory to play in the issue of maintenance of the stepson. If the step father takes the responsibility to maintain the stepson, it can only be out of his generosity. Legally he cannot be forced to maintain the child. The biological mother and father are responsible for the maintenance of the child.
However, in your case, the issue can only be solved by the settlement between the families. Thank You.
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Vidhi Samaadhaan Vidhi Samaadhaan

Chakrapani Madupu

Responded 3 years ago

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A.Call for meeting & settle the problem
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