Child without marriage
Tanaaz shaik
(Querist) 04 September 2014
This query is : Resolved
Dear Experts,
Hope you all are doing well! i have a situation of my aunt's daughter (Asma) who was married in 2012 just by way of Nikah as groom was working abroad he was not getting time for registration formalities, but assured to register when he comes after a year. now my cousin is having a daughter and this makes her husband UN-happy and he is not willing to register their marriage and threatening my cousin that he will marry other woman. even husband family is supporting him and my cousin is at her parents place. all her family members try to resolve this issue but all in vain. my question is;
1. what is the first step my cousin can take?
2. is the child illegitimate?
3. what if husband not ready for registration of marriage as per Goa law?
4. please advise what remedy my cousin have in this situation? thanks all..
ROHIT SHARMA
(Expert) 04 September 2014
1. The marriage and the child both are legitimate. There is no necessity to register a marriage performed under Muslim Personal laws. She can file a complaint u/s 125 Cr.P.C. for her and the child's maintenance.
Devajyoti Barman
(Expert) 04 September 2014
you regularly post queries on various topics which I think are either professional or academic.
Rajendra K Goyal
(Expert) 04 September 2014
Consult a local lawyer who is well aware of local laws relating to Goa. Marriage and child are legal. In most of the states marriage can be registered even after some delay.
