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Second wife children entitlemenst

(Querist) 30 October 2019 This query is : Resolved 
One of my client married second time without divorcing the first wife.First wife also married another man and living separarely.Now, the second wife's children seeking full rihgt. But the Tahsildar refuses to issue community certificate to prosecute higher studies.How to get community certificate,as the first wife objecting to it.
Sudhir Kumar, Advocate (Expert) 31 October 2019
only spouce are legitimate or illegitimate.

children are alwasys legitimate.

the person was their father and they have right to use his caste status.

If not succeeding file writ in High Court.
N.K.Assumi (Expert) 31 October 2019
I absolutely concurred with expert Sudhir Kumar. Just like a Stateless person, why should the innocent children suffered without their fault?
SHIRISH PAWAR, 7738990900 (Expert) 31 October 2019
Dear jaykumar,
Children are entitle for community certificate born out of second marriage. You can challenge the tahsildar order before collector.
Regards,
Guest (Expert) 31 October 2019
At this stage if your Client and his first wife could approach the Court for Divorce it would clear the all Legal issues for ever
Guest (Expert) 31 October 2019
Mutual Consent Divorce would be a Permanent and Speedy Remedy for every thing.
P. Venu (Expert) 02 November 2019
The children by the second wife, irrespective of her legal status as wife, are legitimate. The Tahsildar is over-reaching and abusing his powers in seeking the concurrence from the first wife. The matter could be taken up with the higher authorities or the High Court. The matter could be taken up with the Human Rights Commission and similar agencies.

The simplest option would be to file a petition with the Adalat functioning at the local Court.
krishna mohan (Expert) 04 November 2019
I agree with the views of experts on legitimacy of children out of second marriage. You can take the help of legal expert to meet to get the job done by Tahsildar failing which file a case for appropriate remedy.


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