Clarification

ram (Querist) 18 June 2013 This query is : Resolved
Dear Sir,
please suggest me in the following issue..
X'(hindu) is husband of Y. and X' has affair with Z' . Z' has 3 childrens( due to affair with X) .
now my question is that ,
.can X marry to Z' after giving Divorce to Y'?
.Is the childrens of Z' will be treated as legitimate, after marriage?

thank you all
with regards
Ram

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Dr. Jyothi Vishwanath (Expert) 18 June 2013
X can always marry Z after divorcing Y, if any of the grounds under Section 13 of Hindu Marriage Act, 1955 can be proved or my mutual consent.
the Children born from Z are illegitimate.
They cannot be treated legitimate even after marriage since the parents of them were never married at the time of their birth.

Rajendra K Goyal (Expert) 18 June 2013
Agreed with the expert. No more to add.

Rajeev Kumar (Expert) 18 June 2013
Nothing more to add

ram (Querist) 19 June 2013
Thank you Madam & Sir , for your valuable suggestions...

Dr Anil Kumar Singh (Expert) 19 June 2013
Although , the children will not attain legitimate status , they will be entitled for maintenance and other rights form X being their natural father. For rest all I agree with experts

Raj Kumar Makkad (Expert) 19 June 2013
Children born out of illegal relationship of X with Z shall get all legal rights over the property of X as of a natural son even if X do not marry with Z.

ram (Querist) 19 June 2013
okay thank you sir...

is illegitimate children are entitile to the ancistral property also??

Dr. Jyothi Vishwanath (Expert) 19 June 2013
Illegitimate Children do not have right in ancestral property in their own right as a coparcener. They can claim something in the share which their deceased father had in the ancestral property.

Rajendra K Goyal (Expert) 20 June 2013
Agree with Expert jyothi vishwanath.The illegitimate children have no right as coparcener in ancestral property. They can also claim in self acquired property of the father after him.

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