• Remarriage and adoption

The man I married a few years back was married earlier too and this I came to know after my child was born. There after he abandoned us (year 2009) . Through some sources I have come to know that he has died a few years back. I have no clue to his death and details of his family. Kindly advice me on how I can remarry and seek adoption of my child from the new husband per the law
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers


The second marriage is null in itself and no suit can be filed against a dead person so you may go ahead and re marry. Accordingly you may contact CARA for the purpose of adoption.


Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

you said that you dont have any evidence or death certificate so better apply for divorce, you can get ex partee divorce Decree, if husband doesnt contest.

after obtain decree you can remarry.

Indian citizens who are Hindus, are allowed to formally adopt a child. The adoption is under the Hindu Adoption and Maintenance Act of 1956. Under this act.

as per law your new husband can adopt your ex husband child.

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

Dear Client,

While substance of first marriage, 2nd marriage is void, so on this point only your marriage is not valid with him, so you can remarry. No court order needed to dissolve void marriage.

And he is not heard from many years and also deserted his kid, in such situation, consent of father not required for giving child in adoption to next husband.

Adoption deed will execute and register at sub registrar office.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can contact a local lawyer and he can File a petition under Section 13(1) (ib) of the Hindu Marriage Act, 1955. Ground for divorce will be desertion, with regards to your child your would be husband knows the fact that you have a kid and should wilfully accept it and marry you.

Habeeb Imran Al Hashmi
Advocate, Hyderabad
18 Answers
3 Consultations

4.0 on 5.0


1) Since the man you married technically had married you during the subsistence of his first marriage, the marriage between him and you is deemed to be void in eyes of law.

2) In case of void marriages, courts will not grant divorce and also in your case, the man himself has died.

3) So, in your case, the marriage between you and the man is void at law and also has been dissolved by virtue of demise of the man. So you are free to remarry any time at your convenience.

4) Also since the biological father is no longer alive, mother alone has the powers to seek and grant adoption of the child by the new husband.

5) However, adoption is required to be compulsorily registered in sub-registrar office after complying with Section 12 of Hindu adoption and maintenance Act and Section 14 of Hindu Adoption and maintenance act.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0


As you say your first marriage is null and void and you don't need any

type of divorce decree, you are free to remarry.

For child adoption you should appoint any lawyer, who can drafts for you

and complete all the legal formalities.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

you need death certificate of your husband

2) then only you can remarry

3) you can given child in adoption to your new husband

4) i presume your child is not over 15 years of age

Ajay Sethi
Advocate, Mumbai
89083 Answers
6362 Consultations

5.0 on 5.0

Get the death certificate through your sources if possible.

You can anyway remarry as he have died and cannot come ahead to file suit against you. And anyway his second marriage to you was void due to his first marriage being valid. So you can get remarried.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

If he was already married(to someone else) at the time he was getting married to you, your marriage with him was not valid. Moreover, since he has is no more anymore, you are free to re-marry at this stage.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0


Your first marriage was void/invalid at the inception itself, hence you can remarry without any objection.

Your future husband can register an adoption deed and you can sign the same as the parent who is giving adoption.

Since the death certificate of the father or NOC is needed for adoption , so it is advisable to approach the court to get a decree of adoption.

Some places the registrars will ask you for court order to register the adoption deed , in that case you can obtain a decree of adoption from the civil court. Then you can register the adoption deed

Thresiamma G. Mathew
Advocate, Mumbai
1633 Answers
212 Consultations

5.0 on 5.0

Dear Madam,

You can remarry the person whom do you want as your husband has not been heard of as being alive for a period of at least seven years, by such individuals who would have heard about such spouse, if he or she were alive, then the spouse who is alive can obtain a judicial decree of divorce.

Yes. In all stepparent adoptions, the consent of the other birth parent is required. If that other birth parent's parental rights have been terminated due to abandonment, neglect, unfitness, or failure to pay child support, however, then that birth parent'sconsent is not required.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1.He is not traceable for more than 7 years.

2. Send letters to his relatives known to you at their last known addresses seeking about his whereabouts.

3. If you get any clue that he has died at a particular place then try to collect his death certificate.

4. If no response is received from his relatives, then release a public notice in local newspapers, one being in vernacular, seeking information from public about his whereabouts.

5. If you still get no information about his whereabouts, then file a declaratory suit praying for a declaration that your husband is treated as dead for all legal purposes.

6. After getting the said Court order, you can remarry and also can get your son adopted by your new husband duly following the legal procedure.

Krishna Kishore Ganguly
Advocate, Kolkata
26792 Answers
726 Consultations

5.0 on 5.0

1) If you have to seen your husband from last seven years till date than you can remarry.

2) And to give new fathers name to your child plus adoption procedure for your new husband will be as follows

Earlier, only an orphan or abandoned or surrendered child was allowed to be adopted. Now the government has expanded the definition of children eligible for adoption to include “a child of a relative and child or children of spouse from earlier marriage, surrendered by the biological parent(s) for adoption.”

However, in case of “step-parent adoption”, the couple including one of the biological parents will have to register with Child Adoption Resource Information and Guidance System. They also need to get consent of the other biological parent for adoption and file an application in a court to obtain an adoption order.

Similarly, for adoption by a relative, prospective parent/s will have to seek consent from biological parents if they are alive otherwise seek permission from a Child Welfare Committee. The Juvenile Justice Act 2015, from which the regulations are derived, defines the term relative as “a paternal uncle or aunt, or a maternal uncle or aunt, or paternal grandparent or maternal grandparent”.

To make adoption in these two categories simpler, the age criteria for prospective adoptive parents has also been waived off. Adoptions under Hindu law are governed by the Hindu Adoptions and Maintenance Act, 1965 which has several restrictions.

As per the law, the adoptive family cannot adopt a child of the same gender as their own child/grand-child or great- grandchild. Also, when adopting a child of the opposite sex the prospective parent must be 21-years older than the child. Moreover, “the Act does not provide any process of court to sanctify the adoption.

Ganesh Kadam
Advocate, Pune
12420 Answers
193 Consultations

4.9 on 5.0

Since he's dead you are not under restriction to remarry. You can go ahead and remarry and it will be legal secondly if the child is with you no need to go for adoption process. Your new husband will be father of your child legally and no need for separate adoption process.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0


You may apply for divorce under ground of not heard for 7 years and you are likely to succeed in this case. Thereafter, go for remarriage and adoption etc.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Whatever the case the child is born to you and you are the single mother and also the biological mother of the child.

Try to obtain details about his death and get remarried, give your child in adoption to your new spouse.

T Kalaiselvan
Advocate, Vellore
79241 Answers
1618 Consultations

5.0 on 5.0

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