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Author Topic: child custody  (Read 794 times)

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Offline ram nem

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child custody
« on: October 19, 2015, 08:33:30 PM »
We had adopted a girl child and are going through divorce proceedings. My spouse is very money minded and money is the prime reason for getting a child. Now, I do not want to take any responsibility of the child and do not wish to keep any relationship now or in the future. I am giving a lump-sum amount as part of the settlement.  How do I ensure that the child will not come back to claim ancestral property or come back to me at a later date.

Offline adv.amarnath

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Re: child custody
« Reply #1 on: October 20, 2015, 01:16:40 AM »
There is no assurance nor law will permit to deprive the child's legitimate claim from his/ her father's property. If you adoption is a valid one then in the eye of law that child is your child also. So after your demise (intestate)  you property will be devolved upon that child as he/ she did no wrong with you. Basically you are trying to deprive that child.

Regarding maintenance, that innocent child can claim for his/ her maintenance in future till he/ she is getting major. You are making settlement with your wife by giving Permanent Alimony not with your adopted child. There is no provisions in law for permanent alimony of a child.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
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