Child from live in relationship

respected querist,

dnt take such drastic step before divorce from the first marriage ,as if you do so you can be lodged for offence under sec 494 ipc bigamy which is punishable upto 7 years imprisonment and fine ,and your first husband can lodge a offence against your live in partner undere sec 497 ipc for adultery which is punishable upto imprisonment of 5 years. you can not live even in live in relationship legally till you obtain divorce from the husband.feel free to call on my profile contact if you have left any quey.

Thanks for the advise, but my husband is very well aware about my live in relationship, and he doesnot care about it.  and i have been seperated from him since 8 years, and how logical it is to expect from a person who doesnot bother to take of me nor my child.  and most importantly from past  8 years he doesnot live with us,  he lives in a different country and to meet both the ends, i am located from past one year in a different country.   so, how logical it is that i expect  from a person who is so called  husband who doesnot even bother to know what is required and not able to give for a family life.  and i am deprived from past 8 years from normal life.  so does this logic is not valid in court if i have a kid from my live in relationship.   as per hindu marriage act, we cannot get married,  but my live in partner wants his name to be put for the kid, as i have already filed a divorce case against my husband.   in this case what does the court say.  

i have been married since 12 years,  and staying away from 8 years.  

Sri laxmi there is no question of spoiling entire women community. Separation and thinking of a new life is 100 times better than committing Suicide or getting in to depression/mental disease.

Law in some way bounds two persons to live as husband and wife. even any one or two may not be able to pull the relationship anymore or bear the burden of the relation.

this may also ruin the furure of their children in many other ways. the kids may not love and affecction of any of their parent as their parents do not love each other.

Thanks Mr. Anil,  donot talk to about morality here ,  its a legal forum, and i am just clearing my legal quieries.  it doesnot matter whether spoiling the whole women community or not.  But the truth is the whole woman community is spoiled by men....  its v simple,  if my husband was able to give me what i wanted( not talking about material comfort),  why i would have gone to other person.  The same holds good there, if the otherperson was happy , with his wife, y he would have commtted a relationship with me/...  i might sound arrogent, but without knowing anything, just donot talk about the morality, or spoiling community......  

have asked for the legal advise and help,  please do so.  didnot ask for morality advise.

Thank you somuch

Thank you Mr. Anish Thakur,  I need more information or advise on this issue.

thanks

A. As per current Law (Registrar of Births and Deaths) only married husband's name is included under "father's name".
B. All child Births outside Marriage under father's name is left blank (except cases of Surrogacy). This is lacuna and in-sensitivity in Law and public policy rights group are trying their level best to “give it a name” and give or take 1 years time you will see more State Amendments.
 

1. If you are already “separate” from your first husband and divorce suit is in progress in a competent Court and read with first husband aware of your live-in relationship then you can jolly well may have a child outside marriage i.e. out of a live-in relationship. It is fad of metro India and in the absence of any supported Law on live-in no one can stop you to go ahead. Even one State allowed married Woman to live-in with her lover while subsisting marriage so your case is more humane (8 years of separation).
2. Law can not expect you to grey your hair more than your reproductive years waiting for a divorce to come through. Ideally if your husband is as you say aware of your live-in then he should have accepted MCD (Mutual Consent Divorce) instead of plain vanilla Divorce suit (which can always be converted if you talk to him based on current facts which you are asking remedy from us). You can jolly well opt for live-in relationship based on 8 years of separation with another married man if both of you are clear about such relationships i.e. “it is opt-in / opt-out” sort of arrangements and currently Law is not there to really protect either of you. It is just presumptive Law if protection orders are to be sought is my view.
3. You cannot be put behind bars neither by your husband nor even by wife of your live-in male partner for making babies. All that may if ought to happen is your name will be put as respondent in either parties Complaint case that also if they file one. Right now like you say your husband aware of live-in has not filed anything so I take it that wife of your live-in may also not file one otherwise she may have filed a case already ! There is no “marriage proved as per customary laws of one of you i.e. live in male partner and yours” which can be proved on floor of Court least to bring in charges of adultery / bigamy, what will happen is your husband will need to speed up his divorce and live in partner’s wife may  seek divorce from her husband who is male live-in partner of yours that is all what will happen if it ought to happen in future.
4. This is a legal portal website and not about morality read with sentiments and emotions based site which you correctly observed.
5. Regarding “birth certificate” of child the Law is having lacuna as of date and recognizes only married father who is your legal husband man to be called as “father of the child out of live-in relationship”. BUT, in birth information issued by a Hospital / Maternity Home to Registrar of Births and Death will leave the space under “father’s name” blank in birth certificate. Once your divorce is through and in future your live-in partners divorce is also through you may opt in for legal marriage with him and then live-in partner needs to Adopt the child and then only his name under father’s name shall be used for all public documents purpose and before that nether your present husband’s name nor current live-in male partner name will come under “father’s name” in the birth certificate of the child.
6. Now Law is getting progressive and following social trends and recently Maharashtra Govt. has amended its State Education Rules and given liberty to single mothers as well as live-in female mothers not to compulsorily write names of fathers and even for legal subsisting married females child’s father name is no more compulsory to write in school admission forms. I am sure such progressive State Amendment other State’s are taking note of and they will jolly well Amend their Rules in very near future too.

However when you come to the bridge we will cross that right now what you asked is replied in above paras which is what law says. I have no lace for moral and emotional / sentimental talks here which few may like to get engaged in. Law is not interpreted on morality it is interpreted what Legislative intents is all about in Codes / Acts / Sections / Amendments. PERIOD 

Thank you so much Mr. Tajobsindia.  This is very much clear and explanatory which i was looking for from this forum.

Thank you very much.

Originally posted by : Tajobsindia
	Originally posted by : srilakshmi   XXX now i want to have a kid .  My question is can i register the second kid from live in relationship.  can i give its fathers name ( ie from my live in partner).   I want to know what will be the legal complications regarding this kid.   A. As per current Law (Registrar of Births and Deaths) only married husband's name is included under "father's name". B. All child Births outside Marriage under father's name is left blank (except cases of Surrogacy). This is lacuna and in-sensitivity in Law and public policy rights group are trying their level best to “give it a name” and give or take 1 years time you will see more State Amendments.   1. If you are already “separate” from your first husband and divorce suit is in progress in a competent Court and read with first husband aware of your live-in relationship then you can jolly well may have a child outside marriage i.e. out of a live-in relationship. It is fad of metro India and in the absence of any supported Law on live-in no one can stop you to go ahead. Even one State allowed married Woman to live-in with her lover while subsisting marriage so your case is more humane (8 years of separation). 2. Law can not expect you to grey your hair more than your reproductive years waiting for a divorce to come through. Ideally if your husband is as you say aware of your live-in then he should have accepted MCD (Mutual Consent Divorce) instead of plain vanilla Divorce suit (which can always be converted if you talk to him based on current facts which you are asking remedy from us). You can jolly well opt for live-in relationship based on 8 years of separation with another married man if both of you are clear about such relationships i.e. “it is opt-in / opt-out” sort of arrangements and currently Law is not there to really protect either of you. It is just presumptive Law if protection orders are to be sought is my view. 3. You cannot be put behind bars neither by your husband nor even by wife of your live-in male partner for making babies. All that may if ought to happen is your name will be put as respondent in either parties Complaint case that also if they file one. Right now like you say your husband aware of live-in has not filed anything so I take it that wife of your live-in may also not file one otherwise she may have filed a case already ! There is no “marriage proved as per customary laws of one of you i.e. live in male partner and yours” which can be proved on floor of Court least to bring in charges of adultery / bigamy, what will happen is your husband will need to speed up his divorce and live in partner’s wife may  seek divorce from her husband who is male live-in partner of yours that is all what will happen if it ought to happen in future. 4. This is a legal portal website and not about morality read with sentiments and emotions based site which you correctly observed.() 5. Regarding “birth certificate” of child the Law is having lacuna as of date and recognizes only married father who is your legal husband man to be called as “father of the child out of live-in relationship”. BUT, in birth information issued by a Hospital / Maternity Home to Registrar of Births and Death will leave the space under “father’s name” blank in birth certificate. Once your divorce is through and in future your live-in partners divorce is also through you may opt in for legal marriage with him and then live-in partner needs to Adopt the child and then only his name under father’s name shall be used for all public documents purpose and before that nether your present husband’s name nor current live-in male partner name will come under “father’s name” in the birth certificate of the child. 6. Now Law is getting progressive and following social trends and recently Maharashtra Govt. has amended its State Education Rules and given liberty to single mothers as well as live-in female mothers not to compulsorily write names of fathers and even for legal subsisting married females child’s father name is no more compulsory to write in school admission forms. I am sure such progressive State Amendment other State’s are taking note of and they will jolly well Amend their Rules in very near future too.(do you live in maharastra?) However when you come to the bridge we will cross that right now what you asked is replied in above paras which is what law says. I have no lace for moral and emotional / sentimental talks here which few may like to get engaged in. Law is not interpreted on morality it is interpreted what Legislative intents is all about in Codes / Acts / Sections / Amendments. PERIOD

Dear ShriLaxmi, please dont take my words otherwise in my above reply.You got the proper reply just because I opposed you above!But for the the unbiased reply you should post this query in expert section also.Here some person are ther who will instigate you to have live-in but when it will be time for legal help in need then he will tell you THERE IS NO LAW TO PROTECT YOU!

IF YOU DONT BELIEVE THAN UCAN GO THROUG HIS PREVIOUS POSTS.!

Dear Ms/Mr.Ranee,

Thanks for highlighting the reply.  I can say here my case is different, not like ususal extra marital affair.   My husband is very much aware,  and earlier i was pregrant also,  but due to some medical complications had to remove the baby.  My husband is very well aware that it was not his as i donot have any physical nor emotional contact with him.  when i applied for divorce, he clearly said,  he donot bother whatever i do in my life, he is not concerned he just want to be my husband in legal terms.but i donot want any kind of attachments with him as i have suffered very much trying to make up this marriage workable.  and my live in partner has already told him on face directly that he loves me and he will take care of me.  but even for that my husband didnot say anything nor responded anything. 

and i am not looking for any legal safety here, i am an independent working women, and i am very much capable of taking care of my kids.  and i am very very much aware that this relationship works on mutual understanding and trust and i believe in it.  My first marriage has the legal protection, but still i am taking care of all responsiblities.

and secondly, my live in partner wife is very much aware about our relationship, it is just that she is not speaking it out and his family members are very much aware about our relationship and they are ok with it, and he will let his wife know officially soon. 

anyways,  my interest was only to know whether i can have a child with the live in relationship,  and how i can register it. 

Court cannot make us to live together forcefully with a person for whom there is no feelings.

thanks

@ Utpala aka Ranee.....

I will definitely help this author when she comes near to the bridge, all that she needs is to send me a PM and bare reading her three posts does not sound that she shall have easily brush with law due to her three keywords; live-in and not marriage with live-in partner and a baby out of such live-in moreover the baby has lots of legal sanctity (except having surname of authors live-in married partner right now as State Amendments in Births and Deaths are underway) and both sides knowing well about contemporary relationships these two are enggaged into and colly. I am placing just below few observations of various Hon’ble Courts for any readers view stumbling on this thread post to postulate.  

And the author of this thread post is quite right when she says "if her husband would have loved and cared her he would not have left an option into her to look outside marriage and same if her live-in male married partner's wife would have loved and cared for him then he would also would not have looked outside his marriage that also to take bold progressive social step of making baby and stressing want to give my name to baby". Such progressive thoughts need social welcome moreover it has been in Indian culture from historical perspective too only thing print media is giving a flare to it and making you and me aware of it. Also show one case to female author of this post where a woman has been prosecuted till date for "adultry"!

If you think married partner's wife will succeed in bigamy charges then you are wrong "marriage" has to be conclusively proved and mere having a child is not what Law of bigamy says is absolute proof of marriage. Least this female author will be denied “alimony” that is all which will happen in her divorce case and this male live-in partner will end up paying more “alimony” to his wife if ever she files a case. A married man can have a one night blink in a hotel room and produce a child from any un-married / married woman that is simply called in law “illegitimate child” out of marriage and not bigamy. Same way this female author having a child outside marriage does not make her adulterous for that again “marriage” has to be proved as per customs of one of the alleged accused party.  See the lacuna in British days enacted Law and for the same one cannot comment personally to this female author like you did in first page.

On 23.03.2010 the Hon’ble SC in ref.: Khushboos case opined that a man and woman living together without marriage cannot be construed as an offence. “When two adult people want to live together what is the offence. Does it amount to an offence? Living together is not an offence. It cannot be an offence,” a three judge bench of Chief Justice K G Balakrishnan, Deepak Verma and B S Chuhan observed. The court said even Lord Krishna and Radha lived together according to mythology. BTW Radha was someone else wife in case @ Utpala aka Ranee….. you forgot from your constant futile time pass here J

@ Utpala aka Ranee.... now see the interesting evolving Law of the Land which actually protects a woman more than a man!

Live in relations suffered a setback with the bar imposed by the Supreme Court in its recent judgment delivered on 17th May 2010 in a Family dispute in the matter of Ref. Bhaasthamata vs. R Vijeya Renganathan case the Hon’ble Supreme Court held that a child born out of a live-in relationship was not entitled to claim inheritance in Hindu ancestral co-parcenary property. The dictum of the division bench comprising Dr B S Chavuhan and Swatanter Kumar, JJ appears to be a general law but its root of jurisdiction lie in the facts peculiar to this case. This ruling may not be accepted as a general law at all. It is only justified in this particular matter, but if applied to all live-in relations raising a presumption of marital bond; it would definitely result in gross miscarriage of justice.

Delhi High Court case ref.: Arvind Yada Vs Renu Sharma, dated 19 January, 2011 wherein a 18 years old unmarried girl chose a path for herself to live with a married man. The court protected their live-in relationship but alerted them that they will not be entitled to claim Maintenance and Alimony in case one of them later walks out of this wedlock. Now Time pass @ Utpala aka Ranee where was the married man’s wife till date not to charge her legally married husband ????

Time pass @ Utpala aka Ranee see also recent Rajasthan HC Judgment where HC delivered a married women to her lover to start living-in saying "a women is not a consumer product" now what comment you have against Hon'ble Bench shall be interesting to observe, here is the link;

https://www.hindustantimes.com/India-news/Rajasthan/Married-woman-can-live-with-her-lover-court/Article1-216975.aspx  

In ref.: S.P.S. Balasubramanyam vs. Suruttayan Andalli Padayachi & Ors case, the Supreme Court allowed presumption of marriage u/s 114 of Evidence Act out of live-in relations and presumed that their children were legitimate. Hence, they are rightfully entitled to receive a share in ancestral property. In the instance case, Mariammal claim her brother Muthu Reddiars property who died unmarried and intestate. Rengammal lived-in with Muthu and had children from that bond. After his death, she claimed inheritance. "Earlier Rengammal had married Alagarasami Reddiars (who was alive) but they didn’t live together because of undissolved marriage between them". The trial Court did not accept her live-in claim. Her first appeal was dismissed. Subsequently, the Madras High Court held the judgment in favour of live-in partner which was upheld later by Hon’ble SC too.

There is no instigation by me instead it is pure legal advise given by me, the female author of this post is no more a sweet 18 years old that by just one reply from a lawyer she will go out into the streets and start making babies left and right so it is better to keep your time pass to legal discussions instead of making legal discussions personal in legal portal websites as you do often here. It’s better to have a live-in relationship rather than having a divorced life. This is common and quite rational line favoring live-in relations in the world. @ Utpala aka Ranee..... do more Study of law from international jurisprudence as more and more Indian Judgments from various Bench are taking shelter from international Jurisprudence then devising our own individual Indian stamp to such highly debated topic in contemporary India and then come here and speak on such progressive subjects in Law especially with me. It should not be denied that our culture does need a legislature to regulate relationships which are likely to grow in number with changes in the ideology of people especially younger lots. The right time has come that efforts should be made to enact a law having clear provisions with regard to the time span required to give status to the relationship, registration of births and rights of parties and children born out of it.

You are making the highly commendable efforts of @ Majlis an NGO from Mumbai to recently have represented Maharashtra Assembly to get rid of having name of father from Education (admission) forms filling times to mothers who donot want their husband's name mentioned as natural father. You are also taking @ Lawyers Collective another progressive women's lobby funded by UNIFEM backward when they fought tooth and nail to give "legitimacy" to live in child in Hon'ble SC recently in above SC citation that I quoted above just as a glimpse, so practically law favors women (both un-married as well as married woman) take it in whichever way you can swallow this parting rebuttal pill from me now. 

PS:
My previous posts said the same for child surname when few females asked and I said that live-in father’s name cannot be given as there is lacuna in Births and Death Act and it is changing due to heavy public demands by way of State Amendments. I also said same thing to male queriest who asked about live-in and I said that you can have live in but keep separate residence and no baby out of it till your divorce. So I am not wrong in any of my replies on live-in subject, if you can prove me wrong then welcome, I will re-learn some Law points which I may have skipped going through so you are welcome to point those out anytime minus personal stuffs.

ok.Then what you were talking about in this thread?

https://www.lawyersclubindia.com/forum/Bigamy-while-mutual-divorce-pet-pending-64922.asp