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S Sarkar

Posted 2 days ago

I am a divorcee since july, 2018. HighCourt has given my son custody to my ex-wife. At the time of divorce age of my son is 6years. The custody of my daughter is with me having age 14 years. My ex-wife got married again. My question is that, Whether it is possible to change the name of the father from birth certificate?

A. Yes,It is possible to change the name of father or mother in birth certificate and for that process is as follows.

If any one desire to change the name of the father or mother in the birth certificate,he or she have to adopt the child and get the adoption registered and declared by a court order based ion which you can apply for change of name of father or mother in the birth certificate.

Thanks,
Adv K S Ranjan
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Anonymous

Posted 1 week ago

I have two children, one 3 years old and another 8 years old, so my wife saying u only keep both the children and for me my maintainance ,give me 25 lakh rupees, And I am saying U keep younger one and I am keeping older one , but she z not ready. So what to do pls answer??

A. Either settle the matter by way of a MCD or else let her contest the divorce and you can contest it thereafter let the court decide. Your offers seem fair and the court can decide in your favor.
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Chitra  Sundar
Chitra Sundar Experience: 8 Year(s) Thane
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
Suneel  Moudgil
Suneel Moudgil Experience: 16 Year(s) Panipat
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Sanjeev Shankar

Posted 1 month ago

My wife was intending to marry her college mate and after this came to my knowledge, filed for divorce by mutual consent. Now she is planning to get married to her classmate. I want to get custody of my daughter.

A. If u r going for mutual consent divorce and she agrees for custody of daughter to u then file consent terms to such effect. Otherwise make an application to the concerned Court
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Suneel  Moudgil
Suneel Moudgil Experience: 16 Year(s) Panipat
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
As there is pregnancy complication my husband and inlaws tried to abort the child and left me in my parents home when i refused to do so and after baby is 7 years my inlaws want her and want my child custody what to do. please advise me my child is 31/2 years old now according to muslim law am not earning can i get custody of my child if yes up to what age and how should i file the case as husband ran outof states after divorce.

A. The first and foremost right to have the custody of children belongs to the mother and she cannot be deprived of her right so long as she is not found guilty of misconduct. Mother has the right of custody so long as she is not disqualified. This right is known as right of hizanat and it can be enforced against the father or any other person. The mother's right of hizanat was solely recognized in the interest of the children and in no sense it is an absolute right''

'Son—''Among the Hanafis, i ...ReadMore
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Anonymous

Posted 1 month ago

MY WIFET IS DETH OF LAST YEAR (NATURAL) WE HAVE ONLY ONE SON ( AGE 7YEARS)PRESENT HE IS IN MY WIFE BROTHER HOUSE BUT HIS NOT SUPPORT ME & NOT MEET MY SON IN SCHOOL AND HOUSE LAST ONE YEAR . WHAT ACCUTALMY RIGHT TO SON
1. Residential : Child to stay with both parents equal days . Since he has been staying with mother for so long , it is her duty to also ensure that this is happening. For the same to happen we can divide as a) First 2 weeks : 3 days with Father & 4 days with Mother in each week. First 3 days of the week. (M-T-W) b) Remaining 2 weeks : 4 days with Father & 3 days with Mother in each week. Last 4 days of the week (T-F-S-S) c) In case if any of the parent is not available due to work or some situation. It can be swapped . In case swapping is not possible , then an adjustment in the following week/s is recommended. d) If either parent is moving out of city / country for career opportunities or for a long period. More than 2 weeks. In this scenario the child will stay with the other parent for the period he / she is away. Once back we implement points a. & b. e) Either parent has complete access or visiting option at all times in all the above scenario 2. Schooling : the child shall continue going to the current school. However on mutual consent of both parents the school could be changed to make it centrally located for both parents. If any parent would like to change the school of the child , the same has to be exercised on mutual consent of both parents . Each parent to inform the other with regards to school / teachers feedback , homework, project work . 3. Vacation : Summer vacations, Christmas vacations & Diwali vacations to be equally divided between both parents. a. Each parent shall give a prior information to the other parent for a plan going out of the city limits. b. For Outings / Vacations out of Mumbai: At least 30days prior intimation to be shared with the other parent. Itinerary also to be shared be each parent. c. For Vacations out of country : Minimum 45 days to 60 days prior intimation to be shared with the other parent. Also a detailed itinerary. 4. Festivals & Auspicious occasions : Festivals to be equally divided . i. Diwali : Half day of Laxmi Puja with Father and other half with Mother. ii. Ganesh Chaturthi : Divide it in first half and second half of the day. iii. Navratri : 3days with mother & 4 days with Father. iv. Gurunanak Jayanthi : Can be divided equally or if the mother is fine then the father can keep him all day. v. 31st Dec : Alternate year with each parent. Alternatively if both parents agree can also be with both parents. vi. Mother’s Day : with Mother vii. Father’s Day : with Father viii. Any other festival / auspicious days, the child can be with either parent or day can be divided between the parents as per mutual consent and convenience. ix. Family Functions : For family functions in each family the parent of the other family shall cooperate and allow the child. This is for the better welfare of the child. 5. Birthday’s : a. Child's Birthday : Both parents to celebrate it together. The birthday to be planned in a centrally located place. Where families from both places could attend and celebrate. The Birthday plans have to be made with consent of both the parents. b. Grandparents birthday : Child to spend time with grandparents c. Parent’s Birthday : Child to spend time with the respective parent. The other parent can be invited if felt so. 6. Extra-curricular : The child can be enrolled in any extracurricular activities, with the consent of both parents . Keeping in mind the feasibility & other logistics. The interest of the child to be first kept in mind. 7. Passport : Child's passport to remain with Father from Jan to June and with Mother from July to December. But in case of any travel plans during this period it be handed over to the parent traveling. 8. Clothes, Shoes & Toys : both parents to maintain their own set of each. 9. Expenses a) Education : borne 50% by each parent, this includes, bus fees, tution fees, books, uniform, school shoes, any other project fee. b) Extra-curricular : borne 50% by each parent. c) Travel / vacation : completely subject to each parent. d) Clothes, shoes & Toys : maintained by each parent by themselves. e) Entertainment : borne by each parent individually. A play area if is regularly used by the child, then the expenses for the same can be divided equally between the two parents. f) Medication : any medical expenses to be shared equally between parents . g) Child’s Birthday : The Child’s birthday expenses to be shared equally between both the parents. 10. Transportation : The respective parent with whom the child shall be staying from that day onwards will pick him up. On days of festival pick up and drop to be divided. 11. CHANGES IN ADDRESS AND PHONE NUMBERS: Neither parent shall conceal the whereabouts of the child from the other parent. Each parent shall advise the other parent at all times of the residence address and telephone number where the child will be as well as the parent's work telephone number. If a residence or telephone number changes, the parent making the change shall notify the other parent personally or by telephone within twenty-four (24) hours and in writing within seventy-two (72) hours of the change. 12. Name and Surname of the child : No parent has the right to change the name and surname of the child. Rather than the one decided during naming ceremony. 13. Intend to relocate : a. Relocation outside City / Country : If either parent intends to relocate outside the country / city, then the custody shall move to the other parent, however on coming back the custody shall be moved back to as joint custody and point number 1 shall be applicable. b. Relocation within City : either party if intends to relocate and the relocation shall cause hindrance in other parents access to the child , then the same would need mutual consent. If not resolved mutually then thru mediation , if still not resolved then thru order of the court . 14. Scheduled events : both parents to attend & participate in child's special events . Special programs like sports day , annual day , parents teachers meeting , extra-curricular competition or events. Each parent shall advise the other parent of extracurricular activities in which the child participates within twenty-four (24) hours of notification of an event or activity. 15. Communication : child should be made to speak(video call) to the other parent at least once a day if not more. 16. Boarding School : If the child has to be kept in boarding school for his welfare and well-being then all expenses to shared equally between both parents. The consent of both parents has to be obtained in writing for such a decision. 17. Child Psychology : Child could need help to understand and accept the decision of parents not staying together. This might need professional assistance, for the welfare of the child the best step be taken. 18. New Spouse or Companion : The parents shall not encourage the child to call the new spouse or companion “PAPA” , “MUMMY” , “Father”, “Mother”, “DAD”, “MOM” or similar names, as such is detrimental to the child’s relationship with his/her natural parents and may confuse and adversely affect the child. The other parent shall not be adversarial or hostile to the new spouse or companion but shall be courteous, polite, respectful & non-threatening.
I'm not married to my partner but have a kid with him, my child is a bit over 3 years. Now, i want to move away from my partner cos i got to know he is already married and has 2 kids. I'm feeling extremely betrayed and want to break up with him and take my child away from Him. Please advise.

A. Dear Madam,
You can claim maintenance or permanent maintenance from your partner towards your and your son.
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Simi  Paul
Simi Paul Experience: 1 Year(s) Kolkata
Md Shafiuddin  Yakub Ali
Md Shafiuddin Yakub Ali Experience: 14 Year(s) Hyderabad
Mrighankhi  Chakraborty
Mrighankhi Chakraborty Experience: 2 Year(s) Kolkata
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Sravani Chakravaram

Posted 3 months ago

My husband harrsed me mentally and physically for 10,00,000lakhs. I complaint in PS. They called him over phone. He refused to come.. We don't want to file case that's why we take back case. My 2 year boy, certificates all are under his handover. I want my baby custody without filing case(not send him to jail).. Is there any possibility to get my certificates and child.

A. Hi client,
To get the best remedy out of your situation you need to take legal help.
You can complain against him in the police-station . You can file a case of Domestic Violence, 498(A) AND a lot more. The competent court will determine a number of facts like the financial status of you and your husband and give a remedy accordingly. And as your child is a minor he is supposed to remain with you.
So , suggestion would be to take legal help and hence appoint an Advocate.
Thankyou
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
Pavan kumar Gudipati
Pavan kumar Gudipati Experience: 1 Year(s) Hyderabad
Chitra  Sundar
Chitra Sundar Experience: 8 Year(s) Thane
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PREM KUMAR

Posted 4 months ago

Dear Sir/Mam, My wife took my 8 years old son who studying in 3rd standard in Bangalore. Almost 2 weeks he is not attend the school and I am worried about my children future. My wife don't want live in Bangalore and she creates finally she took my years old son and 4 years old daughter. My request you to all kindly support me how can I get my son back to me legally. Am worrying about son studies and his future. Please guide me and do the needful.

A. Dear Sir,
You may file child custody case as follows:
================================================
Section 12 in The Guardians and Wards Act, 1890
12. Power to make interlocutory order for production of minor and interim protection of person and property.—
(1) The Court may direct that the person, if any, having the custody of the minor, shall produce him or cause him to be produced at such place and time and before such person as it appoints, and may make such order for the temporary cu ...ReadMore
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Anonymous

Posted 4 months ago

can my lover get bail on this posco case my father gave complaint on him because in my home they was talking to give me to someone but i was in love with him and me and my lover left home and went to someother place i stayed there 7 to 8 days then we both decide to talk to my mom about our love and to get marry but my age is 17 and to compelet my age still i have 5 months means on april 7th is my birthday i wanted him to come out from gail he is in gail from 4 months his lawyer trying to get bail court rejected bail for 2 times and he dint kidnapped me i went with him because i was in love and now court called me to withness what should i talk to judge to get him from bail can u plzzz suggest me and can i talk to u in phone

A. Dear Sir,
If your father agree for compromise it may be compromised at High Court level.

Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.
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