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Deepak   14 January 2018

Need suggestion illegitimate child

Dear All,

One of my brother has divorce case going on since last 6 years..recently he has love with another girl and now he got a baby from that girl..In birth certificate my brother name as father for that new child..Now this matter already reached to the first wifes house and she filed case for Bigamy..

My brother has no any record for marriage (that girl has also no document showing that brother is husbend).. but staying together..As baby's birth certificate they put fahers name, how he should defend it?

Now his advocate also not responding properly..

Plz suggest in this regards..



Learning

 5 Replies

Kumar Doab (FIN)     14 January 2018

Which personal law applies in this case say; Hindu.

Confirm!

Kumar Doab (FIN)     14 January 2018

You have confirmed that  child is born thru womb of the 2nd lady, is of your brother.

In other words your brother is biological father of the child.

By the free will and consent (and signature) of biological mother, father (your brother) the names of mother and father were entered in birth certificate of the child.

Was any marriage ceremony per customs of the personal faith say; Hindu, performed for this union /marriage with 2nd lady like in case of 1st marriage?

The 2nd lady is also married and her marriage is subsisting?

Your brother is in which state?

Kumar Doab (FIN)     14 January 2018

Did your brother ask the current lawyer and did this lawyer advise to go for such alliance/relation?

Does this lawyer handle such matters?

And/or  as per your conviction can this lawyer handle such matters successfully?

Does this lawyer have successful track record of handling such matters and also divorce cases?

Why this lawyer is not responding as termed by you; properly?

Is this lawyer terming this matter new case and asking for additional/new fee?

Or this lawyer does not want to handle new case and /or both existing divorce case and new case?

 

If this lawyer is capable and only issue is FEE then settle IT and contest the new case.

Kumar Doab (FIN)     14 January 2018

 

If complaint/case has been filed then the matter of having contracted 2nd marriage from which a child is also born is a matter for trial court.

Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in such/Family/criminal matters and having a successful track record…….and show what complaint is filed for considered opinion …………… and to defend in court…

 

If IT is a planned misadventure then your brother would already be aware what could happen  and what would be the defense.

If he is confident as PIP then let him handle the matter on his own.

Kumar Doab (FIN)     14 January 2018

Almost similar query from another perspective is posted at;


https://www.lawyersclubindia.com/forum/details.asp?mod_id=158546&offset=1

 

 


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