Child with only mother's name and not father's
Vijay Kumar
(Querist) 29 December 2015
This query is : Resolved
Husband turned out of his house his pregnant wife. At her parental home, she gave birth to a male child.She single handedly brought him up,has been managing his school education. In school records,she has got entered only her name and not the child's father name.(She says"I need nothing from him"). Now the Child is 12 years.There is no litigation till now between the couple; but living separately for past 12 and half years.
1. Whether on account of this omission, the child has lost all his civil rights?
2.Whether the child can claim maintenance from his father u/s 125 CrPC?
3.Whether there would be hurdles in inheriting the property of his father?
SAINATH DEVALLA
(Expert) 30 December 2015
What does the birth certificate state? Mere ommission of father's name in the school records does not restrict the claim of the son for obtaining maintenance or inheriting his biological father's property.
Why did she not claim maintenance for the son all these years?
Remember that the couple are not divorced officially but living separately.Has he remarried in the interim.
P. Venu
(Expert) 30 December 2015
What is the basis for your apprehensions? How you the connected with the issue?
Vijay Kumar
(Querist) 30 December 2015
1. In Birth Certificate and National Population Register(NPR),the name of father has been entered.
2. Marital tie subsists.Therefore, the husband being an aided college employee has not remarried despite his earnest desire to extract divorce and re-marry.He has exerted police pressure for mutual consent divorce, but the wife did not succumb to police intimidation.
3.The husband has been leading highly immoral life,therefore the wife is of firm opinion that she does not need money from such person, even for the child. Initially, she did tuition work, now got a job.
4. But the child's maternal grandparents i.e. NANA- NANI & MAMA want that the child must get his legal rights from his father.
SAINATH DEVALLA
(Expert) 30 December 2015
Even if divorced,the child will have every right over his father's property.Even now he can claim maintenance from his father,not only for a living but also for his education expenses.
What way police are concerned for their MCD? They have no reason to interfere as this is only a civil dispute between the husband and the wife.The wife has done the right thing not succumbing to the pressures.
As the child is a minor and in the custody of the mother,the mother can file a petition claiming education expenses for the child.
U said he has been leading an immoral life,R U sure he has not remarried?
The maternal grand parents are right taking the future of the child into consideration.
Vijay Kumar
(Querist) 30 December 2015
Sir,
He is in illicit relationship; but sure that he has not remarried.
1.He is boasting that in school records, there is only mother's name in parent's column, therefore, child would not be able to claim his rights in the Court.He proclaims that in absence of his name in school record, his fatherhood would not be proved.
2. The mother of child is adamant that she would not demand or take a single paisa for her child.
3. In such situation, whether maternal grandparents can act as guardian & next friend for filing 125 CrPC application on behalf of child?
SAINATH DEVALLA
(Expert) 30 December 2015
As long as the mother is alive the grand parents cannot act legally on behalf of their grandson?
Birth certificate is a valid document legally,it cannot be disputed.
Rajendra K Goyal
(Expert) 05 January 2016
Agree with the expert SAINATH DEVALLA.
