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Rajesh (service)     03 October 2012

What happens if a child is born outside marriage in india ?

What Happens if a child is born Outside MArriage in India ?

while Divorce proceedings are pending in the court what are the implications for both man & woman if a child is born to the HUSBAND from another woman without marriage and similarly for WIFE if she gets pregnant from anaother man. I know this sounds strange but can anyone expert on family laws throw some light if the laws are there in such cases.



Learning

 5 Replies

Sanjeev (Lawyer)     03 October 2012

the man in such case can be prosecuted for bigamy. There are no such implications for the women but if the women is contesting divorce against her husband her husband would easily get divorce.

merocksDsite (D site)     03 October 2012

Yes.one can get divorce on this ground easily.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     03 October 2012

It depends on what  they want. 

while Divorce proceedings are pending in the court what are the implications for both man & woman if a child is born to the HUSBAND from another woman without marriage and similarly for WIFE if she gets pregnant from anaother man. 

There are 4 persons involved. 

Only thses 4 Persons claim something/ take civil or criminal action / against remaining three. 

[1] Husband, not divorced have affair/ child from [3]

[2] Wife, not divorce, is pregnant from [D]

[3] A woman, either Married / or unmarried / or Widow  having a child of A 

[4] A Man , either Married/ or unmarried / or Wodower havinf affair and have hs child with B

 

As far as  child is concern , In India, no child is illegal, only parents are illegal. Child is entitled to Property of parents as wel as Maintenance. 

If [3]is unmarried or widow, No offence on her side. She too is very safe. If she is Married [No. 1] a Man will go in Jail  on Complaint by Husband of No. 3

If [No. 1] Complain, No. 4 will go in Jail 

If all thses are proved, Any of them can apply for Divorce, and decree of divorce will be allowed, 

 

Ultimately , who wants what?? Or settlle amicably as all involved in  illegal act {presumed knowingly}

If without knowledge of marriage  no problem,. If with consent of Husbands, no problem. 

 

Hope Rajesh is satisfied with Answer, or any more confusion?? Pl see that people don't do it. 

Tajobsindia (Senior Partner )     03 October 2012

I agree to @ Mr Shroff to the point reply which is very clear covering all aspects, nothing to add further.

 


(Guest)

in both case only man will go to jail..:/:/:/

not the cheater girl??


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