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Indhumathi (Assistant )     22 April 2010

Birth Certificate for a child/Separated parents

Hi Professionals,


One of my friend circle brought me a poor family people and asked me suggestion for the following issue, I would like your suggestions as the best, please go through and suggest me to direct them. I want to help them what i can is only this.

The women and her husband are separated without getting any legal divorce and their marriage is priorly registered on the men's native district. This girl is from some other district and she left him and she lives separated with her son. She never got any divorce, but the husband has applied ON THE COURT OF HIS NATIVE TO LIVE WITH HIM AND ALSO CLAIMED A CASE UPON THE GIRLS FATHER THAT HE IS SPOILING THEIR MARRIED LIFE. BUT THE GIRL IS NOT LIKELY TO MOVE WITH HIM AND SHE LIVES SEPARATED ON HER NATIVE PLACE WITH HER FATHER AND HER SON OF 3 YRS OLD. THE GUY ALSO LEFT THE CASE EVEN ITS MADE XPARTE. HE LIVES THERE AND SHE LIVES HERE. THIS HAPPENED WHEN THE CHILD WAS BORN. SO OFFICIALLY THERE IS NO BIRTH CERTIFICATE FOR THE CHILD, NOW HOW WILL SHE GET THE BIRTH CERTIFICATE?

Also got married to some other person and wants him to be the Father on the certificate? Is this possible? What should i advice her? Both of them are illeterates, only when they asked me for the birth certificate i came to know this serious issue? Whats the best way to get the childs future in a worthy manner?

 

 



Learning

 2 Replies

Daksh (Student)     22 April 2010

Dear Indumathi,

I sincerely appreciate your concern for such a wonderful cause but as the law stands today (if as it is evident that the marriage is solemnized and consummated as per Hindu Laws), without divorce re marriage is unlawful.

However from the perusal of your mail it is evident that the lady has remarried and the requirement is about change of name for the purposes of schooling of the child.

This purpose can be achieved by procuring a affidavit attested by a first class magistrate of the local jurisdiction for all practical purposes.

Best Regards

Daksh

Indhumathi (Assistant )     23 April 2010

Hello Daksh,

Thanks for your reply. But she said that the marriage has been registered on the husbands native. Also, both were from different religions, she is a Hindu and he is a Christian. This confuses me??

 


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