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Rukumar (No)     30 August 2012

Live in relationship and son

Dear Experts,

Husband living in Live in relationship, and had a son with that relationship and gave his name as father in birth certificate.

while his first marriage contesting divorce and fighting 498a and DV.

Will this be considered as Bigamy or Adultry? what will be the status of Son born with this Live in Relationship.

As DV case is there what precaution should a husband take?

Thx



Learning

 2 Replies

Tajobsindia (Senior Partner )     30 August 2012

1. Complainant / Aggrieved person can jolly well file amendment in DV complaint case bringing fresh facts “of live-in read with birth of biological son outside subsisting marriage further read with existence of a birth certificate where susbsisting spouse (defendant husband) name is wide openly mentioned to be father of child” colly. whose knowledge the complainant probably got wind of now and may amend "prayer paras" accordingly and also pray for framing "additional issues" in DV complaint case accordingly.
2. The DNA imprinted son born out of such live-in is contentionaly legally eligible for all rights as similar to a biological child born out from a subsisting marriage of same natural father.
3. If a "legal marriage" as per customs of live-in parties are shown to have been performed then a criminal case stands further trial as showing “a valid marriage with his live-in partner attracts strict bigamy charges and mere live-in read with making baby out of it does not attract strict criminal act of omission / commission of bigamy are some of my colly. view on this query.
4. In my view the stage of "precautions" as asked by queriest are all over down the drain as three material facts are leaked out and or that the complainant aggrieved person may be now aware of; "live-in as to nature of marriage" + "birh of a child whose DNA traces imprints are material facts" + “contentious legal rights of an illegitimate child” are left wide open for further litigation in favor of aggrieved person.
5. Also the live-in once she gave birth to son can invoke DV as well as S. 125 CrPC in case she needs reliefs under them in future if carefuly such "sense of security given to live-in partner" now not handled thy name 'trust' in live in relationships.

However, I found this query leap ahead of current trend just bze we have gender biased laws read with long litigations periods spouses face before competenet Courts.

Ranee....... (NA)     30 August 2012

you are searching umbrella after the  rain is over!


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