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Lady (ab)     29 July 2013

Unwed mother

Please suggest what will be kids right if he is born out of wedlock. where father of the child was married and mother is single. he has no other child in marriage. but he has one outside marriage. Please suggest if he has any rights on property and paternity. case is like shekar vs nd tiwari. I hold physical custody of child since Birth. do i need any legal document for his custody. Whats the judgement in his case.



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 9 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     29 July 2013

You do not need any documents prove. Parents names exist on child birth certificate. Love & affection of Mother and child is more prove than any others.

adv.raghavan (Advocate,9444674980)     29 July 2013

u are not clear in your query.

Lady (ab)     29 July 2013

@Raghavan : I will rephrase it. Kid is born out of wedlock. Kid's father was a married guy and mother unmarried. Furtur Kid's father got divorced with his wife, and moved on with another relationship means he got married to someone else for second time. Now in all this KID is there and have got no legal documents. apart from birth certificate where his fathers name is registered.

My question is  does he hold any rights

1. in Property?

2. Is there any legal documentation is required in term of custody?

3. Women who has been cheated ( false promises of marraige) does she has any rights?

Any other things need to be done to secure kids future.

Lady (ab)     29 July 2013

@Rmacharya: thanks for your reply. However affection is not enough unfortunately. all i am trying to know about documentation part. i have rephrased the query.

adv.raghavan (Advocate,9444674980)     29 July 2013

kid was born for a legitimate parents, father got divorced and had a second marriage,at the time of divorce why the first wife didnot ask for alimony,and one time maintainence from husband,.As per your version they got divorced and  when u use the word wedlock, were is the concept of false promise to marriage,and cheating.if it is mutual  she cannot go for appeal, if it is well contested divorce she can very well go for appeal.

Lady (ab)     29 July 2013

Not really.  i will give an example.  There is guy named X married to female Y.  --------------

There is a Women named A and fell in love with X where X didnt tell her that he is married and established a relationship and kid is born out of this relationship.She relaised tht he is married but she has  been promisedby mr. X that things will be taken care of and he will divorce first wife. Based on trust and promises being made  child came in to the world.

Later X divorced Y and Moved on with another female named Z.

Now X is happily married but without kid from both martial relationship.  whereas Women Named A is left with the child.  now let me know

adv.raghavan (Advocate,9444674980)     29 July 2013

if ur are talking for A, she can file case against X under 417, 420,493 of IPC,with regards to child future, he is eligible for a share in X property, as regards maintainence she can file a case under DV ACT against X for maintainence under section 20 of the said act

Lady (ab)     29 July 2013

He says its A's fault as after knowing that he is married she still continued with the relationship and in turn kid is born. So Kid is illegitimate and hence nothing can be done.  He is talking as per sec 16.

As per DV act it says both the  partner should be unmarried whereas he was married when kid was born.

adv.raghavan (Advocate,9444674980)     29 July 2013

law is very clear even illegtimate  child is eligible for share in father property,as regards DV aspect kindly visit judgement of Ex Judge. Markendeya katju,supremecourt case D VELUSAMY v/s D.PACHAIAMMAL, maintainence is allowed under DV act under section 20(I) (d) by filling petition under sec 12 (1),because of co habitation for so long.


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