Right and custady of the child from unmarried parents

Guest (Querist) 13 February 2012 This query is : Resolved
I noticed that Indian law does not throw much light about the above mentioned topic and granted that its not something that is heard about much in India due to cultural and religious standing of our country but as time progresses it may not be something that never happened before eg. Nina Gupta. so it can't be ruled out completely. Like united states has separate provisions about the same I was wondering if Indian laws have something up its sleeve too which i may not be aware of. Just wanted opinions and information about it from more learned legal professionals than I am.
Thank You.

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ajay sethi (Expert) 13 February 2012
academic query

Guest (Querist) 13 February 2012
yes read a blog about the same. though Hindu marriage act does talk about the child being legitimate and SC ruled about right to inheritance from the concerned parents only and child taking father's surname.I think these are broad overview of the situation the minute details like custody issues where father wants the sole custody or may be dispute of parentage.

Raj Kumar Makkad (Expert) 13 February 2012
Indian society being a sensitive society in the world has much regard for the family life. The pre-marriage sexual relationship is regarded as a social, moral and legal crime in our society and we have proud over our thousands years old tradition. A warm relationship has scope only after marriage in such matters so the scope of similar provisions as per status of society of USA cannot be applied or thought for this noble and and ideal society of the world.

Guest (Querist) 13 February 2012
with due respect mr. Makkad I was looking for the answers in more of a legal aspect as we all know even live in relationships are frowned upon-ed and not recognized by Indian society yet its very much in existence and SC has recognized the same.As I mentioned earlier that Hindu marriage act recognizes some part of above mentioned topic. There would not be any requirement of law if only rosy and ethically correct and morally or socially traditionally accepted things happened in the society.

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