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srilakshmi (sr.structural engineer)     04 October 2015

Father name to child without marriage

Hi all,

 I havd been married since 13 yeas but was living seperately from past 9 years and have a kid of 12 years out of this marriage who is takencare by myself. Now i habe applied for divorce under mutual consent n due for counciking in january 2016. During this period while living seperately i am in relationship with a  married person from past 4 years. We planned to have our family and while the divorce process is on, i conceived. Now we would like to keep this baby.  He tried to talk to his wife about the his unhappiness towards his married life, but without uttering a word she said she would commit suicide thus treatning him. 

My question is,

1. If i continue my pregnancy , can the birth be regestered without marriage certificate. 

2. Since i stay in bangalore and he is from other state, can we get married in karnataka . Since his  first  marriage is registered in maharasthra. I am aware this will become void if about his first marriage comes to know.  But i wànt to take this risk for birthcertificate of child only. 

Kindly sdvise . 

 

 

 

 



Learning

 10 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     04 October 2015

Madam,

How do U think that having an affair with another man and conceiving will have a legal validity without divorcing UR husband.Its nothing but bigamy in the eyes of law.U say he is also previously married(has he been divorced),if not its bigamy by him also.Is UR husband willing for mutual divorce.

saravanan s (legal advisor)     04 October 2015

Birth can be registered even if the relationship is illegal as the child born out. Of such a relationship is legitimate

srilakshmi (sr.structural engineer)     04 October 2015

Thanks. And mr. Sainath, the divorce is under mutual concent only. Kindly advise on the documents required to regester birth of baby. And moreover my due date is somewhere in mid of july 2016.

 

Kindly advise. 

Thanks n regards

Srilakshmi

 

SAINATH DEVALLA (LEGAL CONSULTANT)     04 October 2015

When the delivery date is in the month of July 2016,why sre u getting tense now itself, U have ample time at Ur disposal.In the meantime concentrate on the MCD.

srilakshmi (sr.structural engineer)     05 October 2015

yes,i do agree that i have ample of time left.  but at the end moment donot want to have the law shocks. would preffer to have the kid in the happy state of mind, instead of living in tensions.

thats the reason i want to know the legal issues and will be prepared mentally to face it.

kindly advise. 

thanks and regards

srilakshmi

 

SAINATH DEVALLA (LEGAL CONSULTANT)     05 October 2015

DOCUMENTS REQUIRED:

1.parents birth certificates

2.Marriage certificate of the parents

3.Proof of birth certificate from the hospital

4.Parents residence proof.

Once the hospital issues the letter stating all the details of your child's birth, next you need to do is to do the registration. You need to fill the registration form given by the registrar nearest to you. Once filled, you need to submit the form in the office of the local authorities. The authorities will then do a proper verification with the hospital.  Then, you need to visit the nearest District Statistical Officer and then check the deatils of your registration.

 



 


(Guest)

Mr Sainat is asking delivery date.  How pathetic can people get.  Next some fool will ask you what name you want to keep for child.

Querist, 

 

You should have wait to get divorce, like this you are in more and more problems, the yet to be born child will face lot of problem in future. FIrst you take divorce, then you ask this person to take divorce, if he does not take divorce then you may as well rear the child as your own, thats all or apply for asking alimony under various sections of law as you bore his child, property issues will be next and there is pretty ample time to discuss and plan about it.

 

It all looks so messy, you could have just been in a one night stand than getting a baby in your hand, what if the woman files case on her husband?  He be in trouble, he go jail for sure, you might not, but he will, and if your  husbnd comes to know about your illegal affair, he can file case on your boyfriend and you also and wont give any alimony to you, eitherways that gy will be in trouble, what for you?  You are anyway safe, law is with you as you are woman uc.

~~~~~~~~~~~~~~~~

 

Anyway baccha mat girao.  Dont go for abortion.  Marry in some temple silently and wait for cases to get over, dont get over excited, its almost over. when cases get over, then marry one more tame for sake of soceity.  all the best

SAINATH DEVALLA (LEGAL CONSULTANT)     06 October 2015

The most illiterate gentleman colleague(Advisor and a non legal member) of the above reply,better go through the conversation between the querist and me and then comment,if not join some nursery school for better knowledge.UR reply has no relevance to the querist's post.Hence as U R not a qualified legal professional,go through some law books and then respond.

srilakshmi (sr.structural engineer)     06 October 2015

Thank you very much Mr. Gyaan prakash, i asked for advise, but here seems your frustations against ladies are being taken out.  I do have a little knowledge, if his wife files a case, first of all on what basis can she file? and also required to have many proofs, and it takes many years to prove adultry on any person. and secondly, its nothing hidden from her, she is very much aware about our affair and also my husband. when things doesnot work with a person, it should not be carried instead i preffer to tell the truth and move on in life and thats is what i did. 

and secondly my divorce is on mutual concent, and i donot want my boyfriend to divorce his wife. i know the feeling of getting seperated. and most importantly i don't want to claim anything his property or anything and will never do so.  we are only trying to find the solution how we can give the name of the father thats all. and i am aware that the name of the biological father can be given even if he is married.  

i will be always going through all the posts and responses, and i have gained few knowledge.  and most importantly our indian law or any law will have somany loops which needs to be addressed properly. 

anyways thank you very much for saying, bacha mat giravo. i appreciate that.

thanks and regards

 

 

SuperHero (Manager)     06 October 2015

Not to side track the issue.

If I create an account in LCI mentioning that I am an High Court Lawyer of Allahabad.

Would every one believe my words what I write as  a Lawyer??

Who validates and authenticates here??

 


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