Child out of live in relationship
srilakshmi
(Querist) 24 October 2012
This query is : Resolved
kindly advise me on the legal matters when the child is born on live in relationship. i am a married women,but seperated since 7 years from my husband and divorce on mutual concent is under process. during this time, if i have a child from my present live in partner who is also married, what are the complications i have to face otherthan adultary. i just want to know, can i give the biological father name to my child who is born out of this relationship. i just want to know about this. thank you all
Adv.R.P.Chugh
(Expert) 24 October 2012
1. Adultery is not a crime for women, only your live partner can face criminal consequences under section 497 of the Indian Penal Code. Since you have a child from that man it would be fairly easy to prove as well.
2. The child is an illegitimate one, though can seek maintenance from father, but has no proprietary rights.
Bharat Chugh
Advocate Supreme Court of India/Delhi High Court
R.K Nanda
(Expert) 24 October 2012
after the order/ decree in ur MCD case u can
give BF name to ur child who is born out of
ur live-in relation .
Devajyoti Barman
(Expert) 24 October 2012
You are liable for punishment for this adulterous relationship though your partner may be.
The child though is illegitimate , he is entitled to both the right of maintenance and of inheritance from his biological father.
K.K.Ganguly
(Expert) 25 October 2012
1) You do not have to face any complication. Your live in partner may face charge of adultary if your husband or his wife brings the charge.
2) Your child will face the complication of being called & treated as illegitimate child.
3) You can give your partner's name as your child's biological father but that will be an evidence of acceptance of his adultary by you & his wife can bring charge against him.
srilakshmi
(Querist) 27 October 2012
thank you all for your kind reply. i am not worried about the adultry, what i am just worried about is passport for my child who will be born by live in relationship. can i register the live in relationship?, i am not worried about the property or anything. its just that we both wish to have our own kid, this doubt always comes to my mind. as we both cannot remarry each other legally, how can i apply for passport for kid born out of this relationship.
JANAK RAJ VATSA
(Expert) 30 October 2012
when both of u have the status of a married man or women, then how can be live in relationship subsist legally ? and hence how the child born out of this ?
srilakshmi
(Querist) 30 October 2012
Mr. Janak Raj Vatsa, kindly request to go through my quiry again. my divorce is filed, and i am separated from my husband since 8 years.and now i am in live in relationship with a married man. but anyways, i only want to know is it that i can register our relationship legally? and when the child can be given an biological name of father,will it not be a problem to obtain the passport for the child. thats all.
i am still waiting for the answer from the experts... kindly do let me know. thank you all
JANAK RAJ VATSA
(Expert) 31 October 2012
filing of divorce petition is not a divorce decree. the later is the proof and evidence of a legal divorce. so you have to keep this in mind. giving name to the child would be a problem for the pp
srilakshmi
(Querist) 31 October 2012
Dear all,
There will be no case filed against adultary as my husband and his wife and both of our family members are very well aware about our relationship. but my question is not answered at all. yes, one doubt is cleared that i can give the baby the biological father name. i am very well aware that i will be eligible for about the property and i am not interested in these matters also. My concern is only about the passport. as I understand to get the passport an marriage certificate has to be produced. My concern is only this. I want to know whats the legal complications might occur to obtain passport for child. since you are all expert, should b able to ans my quiry. looking forward for all of your advises. but please lets talk about otherthan adultary.
Raj Kumar Makkad
(Expert) 02 November 2012
When the name ofbiological child shall be given to you, there is no need to face any problem while applying for the passport for your child. Live in relatioship is now well recognised by law and legal machiney so there is no requirement of marriage certificate while you apply rather the proof of live in relatioship is mandatory in that case.
srilakshmi
(Querist) 02 November 2012
thank you v much Mr. Raj Kumar makkand. kindly advise in my case is it possible to register my live in relationship?. as my partner is married and i am seperated from past 8 years and my divorce is filed.
ajay sethi
(Expert) 02 November 2012
there is no procedure for registration of live in relation ship . dont flaunt your live in relation ship as your divorce case is pending
srilakshmi
(Querist) 02 November 2012
i am not flaunting my relationship. i am just trying to highlight that my divorce is pending on Mutual concern. I just want to project the right situation so that i can get the right ans. thats it. my question was simple, as all the experts have mentioned that biological father name can be given and as Mr. Rajkumar makkand has mentioned that proof has to be given in that case, i just want to know what kind of proof?. if i have to produce a proof, then it has to be legally valid. i just want to know that. thats it... i am not flaunting my relationship. kindly request to understand.
R.K Nanda
(Expert) 02 November 2012
u cannot register ur live-in-relationship
legally.
R.K Nanda
(Expert) 02 November 2012
if u want long discussion on ur problem then go to forum.
V R SHROFF
(Expert) 02 November 2012
Passport is birth right of your child. Nobody can deny.
