• Marrying a widow who have a 5 year old son

I am an unmarried central govt employee, I want to marry a widow who have a five year old son, 
Is there any problems in marrying a widow and adopting her son legally, what are legal procedures should I have to follow while marrying, 
Is it necessary to inform employer regarding this?
Please give full legal procedures, advices, for before and after marrriage, she is also of same caste Hindu
Asked 6 years ago in Family Law
Religion: Hindu

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23 Answers

No it's legal to do so.  You need to execute adoption deed and adopt him through court.  No need to inform employer.  You need to appoint a lawyer for the same he will take care of all the procedure

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1) you are at liberty to marry the video 

 

2) you can legally adopt the 5 year old child 

 

3) giving and taking ceremony has to be performed 

 

4) deed of adoption has to be executed by biological mother to give child in adoption to you 

 

5) you must inform your employer about your marriage and adoption of child 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

you cna marry the widow as per traditional hindu rites  and rituals 

 

2) marriage should be registered 

 

3)  contact a pandit . giving and taking ceremony has to be performed for giving child in adoption 

 

4) deed of adoption has to be executed 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Sir,

There is no problem in marrying the widow.  There is no legal procedure to this marriage.  There is no necessity to inform this to your employer.  This is legal marriage and personal one. You can adopt her son accordingly.

Adoption Procedure for Step Parents - http://cara.nic.in/Parents/Eg_step_parents.html

  1. Adoption by step-parent:

The couple (step-parent and one of the biological parents) shall register in Child Adoption Resource Information and Guidance System with the required documents as mentioned in Schedule VI.

Consent of the biological parent(s) and the step-parent adopting the child or children shall be as provided in the Schedule XX (refer instructions in Schedule XX).

In case the custody of the child is under litigation, the adoption process shall be initiated only after the finalisation of the case by the court concerned.

The biological parent and the step-parent shall file an application in the Family Court or District Court or City Civil Court as the case may be, as per format given at Schedule XXXII.

The applicants shall obtain a certified copy of the adoption order from the court concerned and furnish a copy of the same online to the Authority through Child Adoption Resource Information and Guidance System.

  1. Legal Procedure:

The prospective adoptive parents, who intend to adopt the child of a relative as defined in sub-section (52) of section 2 of the Act, shall file an application in the competent court under sub-section 2 of section 56 or sub section (1) of section 60 of the Act in case of in-country relative adoption or inter-country relative adoption, respectively, alongwith a consent letter of the biological parents as provided in Schedule XIX and all other documents as provided in Schedule VI.

The biological parent and the step-parent, who intend to adopt the child or children of the biological parent, shall file the adoption application as provided in Schedule XXXII, in the court concerned of the district where they reside, along with consent letter of the biological parents and the step-parent adopting the child or children, as provided in the Schedule XX and all other documents as provided in Schedule VI.

The prospective adoptive parents, in case of inter-country relative adoption, shall file the adoption application in the court concerned of the district, where the child resides with biological parents or guardians as provided in Schedule XXXI.

The prospective adoptive parents shall file an application in Family Court or District Court or City Civil Court, as the case may be.

Before issuing an adoption order, the court shall satisfy itself of the various conditions stipulated under section 61 of the Act, and regulations 51 to 56, as the case may be.

The prospective adoptive parents shall obtain a certified copy of the adoption order from the court and furnish a copy of the same to the District Child Protection Unit for online submission to the Authority.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

For marriage you can follow normal procedure and after marriage you can adopt her son as his father.

 

For that you have to follow below procedure 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

NO issues,

Neither informing the employer is necessary. She is widow, so marriage will solemnize in same way unmarried couples marry.  Either ceremony or court marriage.

And do adoption simultaneously and registered. Adopted child is same as biological child And than dependents will be inform to your employer, copy of marriage certificate and adoption deed will submit.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Kindly check this link

http://cara.nic.in/Parents/Guideline_RI.html

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

No there is no problem in doing the same. 

No, you are not required to inform the employer. 

You may go ahead and marry her normally 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Marry her normally as per the Hindu rites and rituals and get the marriage registered before the registrar of marriage. You are not required to follow any specific step in marrying a widow. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

See.you can marry in religious ceremonied or temple or special marriage act . You can after marriage give intimation of same and can update your record.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

For adoption you need to follow the cara guidelines and can legally adopt her child after 2 years of stable marriage.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It is not compulsary to adopt if you do not adopt he cannot claim anything from.you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You are not bound to adopt her son 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

By merely marring her, won`t create/establish father son relation. Child will have no inheritance right. To create valid parenting right adoption is must.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You may not adopt and the mother can up-bring the child as single mother 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Sir,

Nothing will happen, there is no any force to get adopted.  It is your wish to adopt or not.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

you can legally marry a widow and adopt the child but execute deed of adoption. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You need to appoint a lawyer and move to court under guardian and wards Act

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

No need to follow adoption procedure, her son will have than biological father's name everywhere and each government documents.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

There is no illegality in marrying a widow even though you are a central government employee or unemployed person.

The procedures for getting  married to her will depend upon your religion and caste customs.

you can get her child adopted by an adoption deed duly registered 

You can get the information about the marriage and the adoption recorded in your office records by observing necessary formalities that are required to be complied in your office for this purpose

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

There is no compulsion on you to get the child adopted  by you, it is your choice to get the child adopted or not.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you wish to marry her and was to know about the procedure to get married and adoption of her son.
  2. You can marry in accordance with your own understanding and rituals been followed by any of the party.
  3. Yes, but for adopting the child legally, you will have to move an application for adoption om the ground of marriage before the District Court of Law.
  4. And once it has been allowed after getting the report of any NGO for children welfare then you will be called as his legal guardian.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear

As you both belong to same caste that is hindu the marriage with hindu rites and rituals will be enough to be a valid marriage.

After that you can register your marriage.

No it is not necessary to inform employer. 

There is no specific need for adoption but you can make an adoption deed to adopt child as father. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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