• Re-marriage of my cousin sister who has 2 kids

My cousin has had a very, very bitter experience from her 7 years of marriage from which she has 2 kids, ages 5+ and 2.  Finally now, she has realized that she has given enough time to her husband and this relationship in hopes of getting a better life.  Now, she has decided to take divorce.  She is a well-educated lady who can earn good for her and her 2 kids.  We all are very happy with her decision of finally taking a divorce because nobody in our family wants her to continue that bitter life.  But, we have some queries:

1.  if she gets a really good life partner in future who can accept her with her 2 kids, can she go for it? 

2.  After how many days or months of taking divorce she can remarry someone?

3.  I only know that once she gets remarried, her surname will be changed but what about 2 kids' surname?  If we want to change their surnames too, can it be done and how? And if we do so, can her ex-husband go against changing surnames of kids in future (which we don't think he will do because he has absolutely no love or affection for even the kids) ?

Waiting eagerly for reply,

Nikhil
Asked 3 years ago in Family Law from Nagpur, Maharashtra
Religion: Hindu
Hello,

Thank you for posting your queries, answers to which are as follows:.

1. Yes, your cousin can very well re-marry and have a good life. If her future husband accepts her with the kids, then the law does not create any embargo against it.

2. After she obtains the divorce from her present husband, she can immediately re-marry and again, the law does not restrict this by any number of days or months thereafter as a breathing period. Thus, she can re-marry on the very next day as well.

3. The children's name does not automatically get changed after she re-marries. In case she wants the surname of her new husband for her kids, then the correct procedure is for the new husband to adopt the children. Thereby, they lose all the rights and claims to the property of their biological father. In order for adoption also, the permission of the biological father is required. However, if she wants to continue the old name for the children, then there is no need to go for adoption procedure. The biological father, can however, claim for guardianship of the children, so it is better to reach a mutual consensus on the issue of guardianship as well.

Please let me know if you have any further queries.

Regards,
Nishant
Nishant Bora
Advocate, Jodhpur
111 Answers
32 Consultations
5.0 on 5.0
Hello,

I am afraid that there is no other legal way of doing so. In case you change their names in school records or even try to obtain a new identity proof with changed name, this may amount to creation of a false document which is an offence under the Indian Penal Code.

Please let me know if you have any further queries.

Regards,
Nishant
Nishant Bora
Advocate, Jodhpur
111 Answers
32 Consultations
5.0 on 5.0

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