• Special marriage

Can a Divorced man get married to widow lady, who also has a male child and can the man also adopt the child. Advise
Asked 4 years ago in Family Law
Religion: Hindu

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12 Answers

Yes he can marry and the personal law of the religion the person belongs will apply

Ritu Gaur
Advocate, Delhi
35 Answers

5.0 on 5.0

Divorced man can marry widow lady and adopt her male son

There should be giving and taking ceremony

Deed of adoption should be executed

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Yes he can if he has valid divorce decree from court. He can also adopt the child

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

1. Yes, a divorced man can marry a widow, if she is also interested to marry the divorced man.

2. After marrying the widow, the man can adopt her son.

Shashidhar S. Sastry
Advocate, Bangalore
4166 Answers
258 Consultations

5.0 on 5.0

yes you can remarry with widow

as per the law Hindu Widows' Remarriage Act, 1856.

Indian citizens can adopt in India under three major legislations: the Hindu Adoption and Maintenance Act of 1956, the Guardians and Wards Act of 1890 and the Juvenile Justice (Care and Protection) Act of 2000, amended in 2006.

Information about adoption law in india

The Hindu Adoption and Maintenance Act, 1956 (HAMA)

This Act covers Hindus, Buddhists, Jains or Sikhs. Some relevant parts of the Act are:

Married couples or single adults can adopt;Legally the man adopts with the consent of his wife;A single man or woman can adopt;If a biological child already exists in the family, a child of the opposite sex has to be adopted;Children adopted under this Act get the same legal rights as a biological child might; Children under the age of 15 years can be adopted;A single man adopting a girl should be at least 21 years older than the child;A single woman adopting a boy should be at least 21 years older than the child; andAdoption under this act is irrevocable.

The Guardians and Wards Act, 1890 (GWA)

Before the Juvenile Justice (Care and Protection) Act of 2000, this was the only legislation that allowed non-Hindus to adopt. However, this act ended up being the first secular law that allowed for a child to be adopted in India. The salient points of this Act are:

The parent adopting is a ‘guardian’ and the child is a ‘ward’, meaning that the same rights of a biological child aren’t inherent;

Anyone under the age of 18 years can be a ward;The guardianship can be revoked by the courts or by the guardian;A will is required for any property/goods to be bequeathed to the child; This will can be legally contested by ‘blood’ relatives;Both spouses can legally be guardians (versus HAMA where the man adopts with the consent of his wife); andSingle people can adopt without any age difference restrictions.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1. A person whose marriage is dissolved either by decree of court can marry another person whose marriage ceases to exist due to death of spouse.

2. Yes the child born out of previous marriage ca be adopted b y the person who marries the biological mother of the child . The same is done with the permission of court.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0


a divorced man is not a married man in the eyes of the law and hence he can marry. in case he marries a widowed lady, the child of the lady automatically becomes his child and therefore, you dont have to adopt him especially.


Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

Man who is divorced can get married to a widow, if he has a decree of divorce from court having jurisdiction to pass decree and the woman has death certificate of her deceased husband.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Yes the person can marry a widow under personal law or special marriage and further can adopt the child becoming legal guardian of the child.

if the lady is hindu marriage can be solemnised as per hindu customs or a court marriage can be done.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes and child can be adopt by consent of wife.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Yes, he can proceed provided he produces the substantial proof to establish the desired marriage proposal and the adoption.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Yes, a divorced male can very well marry a widow legally. Also, the man may adopt the child without any legal hassle.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

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