ADULTRY/BIGAMY CASE

Seshagiri Viswanatha Rao (Querist) 04 May 2010 This query is : Resolved
In case an adultry and bigamy case is established in respect of wife against her husband is the illegitimate child has any claim of property

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Guest (Expert) 04 May 2010
KINDLY NOTE THAT ADULTRY AND BIGAMY CASE CHARGE SHEET AND MEDICAL REPORTS AND RELEVENT.KINDLY NOTE THAT EVEN IF SESSIONS COURT HAS DECIDED THE MATTER ,THE OTHER SIDE MAY FILE APPEAL TO HC. HENCE BE PATIENT AND WAIT TILL APPEAL PERIOD IS OVER.
KINDLY NOTE THAT FOR PROVING PATERNITY OF CHILD D.N.A.TEST IS CONDUCTED.AND HINDU ADOPTIONS AND MAINTAINENCE ACT, PROVISIONS MAY KINDLY BE REFERED, MAINTAINENCE WILL BE PAYABLE TO THE CHILD AND CAN GET SHARE ALSO IN PROPERTY DURING THE EXHISTANCE OF MARRIAGE.
STILL KINDLY SEND DETAILS SO THAT DETAILED ADVISE CAN BE GIVEN.
THANKS.

ESTHERPRIYA (Expert) 04 May 2010
You need to prove that the child is illegitimate first. Any how there may be consummation of martial relationship with husband and wife though wife has an illegal affair. Thus wife will try to prove the child is legitimate alone. In case you prove then they have a weak case

Raj Kumar Makkad (Expert) 05 May 2010
I do agree with both the above noted experts.

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