Second wife & child name enter into service record
Shiv Gawale
(Querist) 13 June 2020
This query is : Resolved
Sir,
I am working in a government sector. My first marriage was in Feb 2011, after one year me and my wife stay separately due some family issue. Then after we both are filed mutual divorce petition in court and in Aug 2019 court grant/passed our divorce petition. In between, from year 2014/2015 I have stay with one lady in leave in relationship. After divorce I have marriage with this lady. But while I have in leave in relationship with lady, we have born one boy child and as on date he is 3 years old.
Now, kindly guide/suggest me what will be the legal procedure or way to enter both (second wife & child) name into my service record or family particular as a nominee/dependent.
Dr J C Vashista
(Expert) 14 June 2020
After passing decree of divorce you might have got it entered in your service dossier? If not yet done get it endorsed.
The boy born from live-in relation is illegitimate, however, you are required to adopt him and got his name endorsed in your service book along with the casulty qua second marriage .
P. Venu
(Expert) 14 June 2020
You may furnish revised family particulars enclosing therewith the decree of divorce and certificate for the subsequent marriage. You may include the name of the child as well. Objections, if any, could be dealt on its merits subsequently.
Rajendra K Goyal
(Expert) 14 June 2020
Whose name as father is entered in records of the child born during live in relationship.
A child from live in relationship has right on the property of father.
As you have married no problem in bringing her name in service record.
If possible, adopt the child for doing the needful.
kavksatyanarayana
(Expert) 14 June 2020
You shall submit a copy of the divorce decree and about your 2nd marriage to your employer to change the wife's name in service records. After that, you enter your child name in the records after getting clarification from your department. it is better to adopt the child as advised by Mr. Vasishta ji.
Raj Kumar Makkad
(Expert) 14 June 2020
I strongly differ with the opinion of one of the experts that the child born out of the live-in-relationship is illegitimate. The status of children born out of live-in relationship has never been clarified by the court except on a few points. In the case of Tulsa & Ors vs. Durghatiya & Ors the Supreme Court provided that the child born out of cohabitation are not to be treated as illegitimate but there are certain pre-conditions which are like the parents must have cohabited for a considerable amount of time under one roof so that the society recognizes them as husband and wife. And same has been said by the court in other cases that if a man and a woman have been cohabiting for a long period of time then they will be presumed to be legally married unless proved contrary.
Raj Kumar Makkad
(Expert) 14 June 2020
As the child born out of the live in relationship is your legal child so there is no legal hurdle of any type of get entered his name along-with his mother (now your legally wedded wife) in your service record in routine manner. There is no specific provision to deal with such situation. You should not shy of your earlier relationship with your second wedded wife.
Rajendra K Goyal
(Expert) 15 June 2020
Marriage or live in while first legally wedded wife is alive is illegal in the eyes of law.
There would be nothing wrong in adopting the child born before the marriage from the wife now legally wedded.
It can end any challenge at any time from any side.
Sudhir Kumar, Advocate
(Expert) 15 June 2020
Agreed with Mr Makkar.
The child born out of wedlock is a child. The so called second wife has no rights even if there is nomination in her favour.
