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Subhash (private)     21 February 2013

Illegitimate keep and children

MY DAUGHTER IS MARRIED SINCE 14 YEARS. SHE COULD NOT GIVE BIRTH TO A CHILD BECAUSE OF SOME MEDICAL PROBLEMS WITH MY DAUGHTER WHICH WERE DIAGNOSED AFTER A LONG TIME AFTER HER MARRIAGE.  

MY DAUGHETR AND SON IN LAW THEN ADOPTED A GIRL CHILD LEGALLY ABOUT 8 YEARS BACK. BUT MY SON IN LAW NEVER SATISFIED WITH THIS RELATIONSHIP EVEN AFTER ADOPTION OF GIRL CHILD BECAUSE OF HIS DESIRE TO HAVE HIS OWN MALE CHILD.

THEN HE IS IN A RELATIONSHIP WITH AN ILLEGITIMATE KEEP FOR LAST 2 YEARS OR SO  IN A SEPERATE HOUSE AND HE HAS ALREADY GOT A MALE CHILD AND HIS KEEP IS PREGNANT NOW FOR DUE DELIVERY IN JULY OR SO.

THE ABOVE FACTS WERE DISCLOSED TO MY DAUGHTER JUST A WEEK BACK. HER IN LAWS ARE PLANNING THAT THEY WILL BRING THE MALE CHILD WHO IS 9 MONTHS OLD BY SAYING THAT THEY ARE ADOPTING THIS CHILD. ANOTHER COMING CHILD WILL BE WITH THAT LADY ONLY. 

MY SON IN LAW IS SAYING THAT HE WILL MAINTAIN BOTH MY DAUGHTER AND HIS KEEP.

MY DAUGHTER IS WILLING TO ACCEPT HIS CHILDREN BORN FROM THAT LADY BUT CAN NOT ACCEPT THAT LADY. NEITHER SHE IS WILLING TO GIVE DIVORCE BECAUSE EVEN AFTER DIVORCE HER LIFE WOULD NOT BE SURE AND SHE WILL HAVE TO TAKE CARE OF HER ADOPTED GIRL CHILD ALONE.

MY SON IN LAW IS SAYING THAT HE CAN NOT LEAVE THE ANOTHER LADY WHO HAS GIVEN BIRTH TO HIS CHILDREN.

PLEASE TELL US WHAT ARE THE LEGAL OPTIONS AVAILABLE WITH MY DAUGHTER AND WHAT ARE THE RIGHTS OF MY DAUGHTER AND HER ADOPTED CHILD. AND WHAT COULD BE THE RIGHTS OF THIS ILLEGITIMATE KEEP AND HER CHILDREN.

KINDLY HELP US OUT.



Learning

 3 Replies

Arvind Singh Chauhan (advocate)     21 February 2013

Your daughter and adopted child has lots of right available in law. kept has no legal right against your daughter but may take action against who kept her. Child born from that kept may also claim maintenance under Section 125 Cr.P.C. There are two option one to be engaged in legal web another is, mutual understanding if peaceful life is possible in such situations. All depends on the attitude and affection of husband towards your daughter.

Chetan Joshi (Advisory/Advocacy)     22 February 2013

An adopted child is as good as one born in the family...You daughter can claim a seperate risidence for herself, claim maintenance via 125CrPc, she may file for a divorce.....The husband is anyways liable to maintain your daughter and the Child....If the husband' has married the other woman, he is liable for Biagamy....

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

Subhash (private)     28 February 2013

Thanks for reply.

My daughter is doing a Private Job and earning approx. 20000.00 per month.

Can she claim maintenance and seperate residence while earning ??

Also the house in which they reside is in the name of her Mother In Law ?? Her husband has no significant assets in his name 


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