Ipc 494 and giving legal rights to illegtimate child
ravi xyz1234
(Querist) 20 October 2012
This query is : Resolved
Sir,i am a married person and having one children,my estranged wife is staying away from me since last 12 years and various court cases is in progress in different courts.
As a matter of fact i have married her divorced sister and have a son from her although the marriage is null and void and dont have any ducuments,still i want to give my second child all the legal rights which he expect from me.
My question is how to get my child admitted in school as it will require father name as well as mother name and in that case i will clearly implicate me in ipc 494 as my first wife will get those documents through RTI.Although IPC 494 has been dismissed against me.Please help me to get out of this problem.Ravi.
Kiran Kumar
(Expert) 20 October 2012
there is no way out if you really wish to give your son your name.
you may adopt a few tricks at the moment but at later stage those tricks may hit back.
at this stage you wont be able to take course of adoption also.
Advocate Rajkumarlaxman
(Expert) 20 October 2012
u can file the name only of mother in that case. gazette notification also can be made in her name
Guest
(Expert) 21 October 2012
Even without you giving any rights to the child of your second marriage he has all the proprietary rights. The rights of an illegitimate child are at par with the rights of a legitimate child.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
Guest
(Expert) 21 October 2012
Be bold to face the consequences, if you have committed an offence. You cannot deny the right to any of the two children, though they are from different wives. Trying to hide the fact about the 2nd son can prove to be more blameworthy and prove more harmful in your cases with your first wife.
Case under 494 cannot be avoided due to your second marriage without getting divorce. That can however be subsided if your first wife somehow or the other withdraws her cases against you and gets satisfied about her claims. But, even then, if some one else takes up such case, there would be no escape for you.
ravi xyz1234
(Querist) 21 October 2012
Can i become the legal guardian of my child who is from second wife or can my second wife give an affidavit in court that she is giving my name only for social acceptance and as a guardian.sir these matter was raised in IPC 494 that we are having a illegitimate child but the case was dismissed in revision stating that there is no prove of marriage.
Ravi Bhushan.
prabhakar singh
(Expert) 21 October 2012
Son born to you out of a void tie can not be adopted by you as you are the begetter.You should give your name straight,no trick would work.
ravi xyz1234
(Querist) 21 October 2012
Sir,if my second wife herself signs on the admission papers stating my name as father but not accepting in court.will it have any consequences on IPC494.
prabhakar singh
(Expert) 21 October 2012
All depends on how your 1st wife reacts on revelation to her.She could file FIR accusing you but you would have defense by denial at then claiming collusion between them as the duo are sisters.
Guest
(Expert) 21 October 2012
How would you like to falsify the birth record about the name of the father, if your name appears in the birth records of the municipality and the birth certificate of the child?
ravi xyz1234
(Querist) 21 October 2012
Sir,can my first wife demand DNA Examination of my second child even though my second wife refuses DNA her child.can she be forced to have DNA examination of her child.Ravi
Guest
(Expert) 21 October 2012
Definitely, she can ask for DNA check of the child, irrespective of refusal by your second wife, which has no relevance in a case against you.
ravi xyz1234
(Querist) 21 October 2012
Thanks to all the respected members.Please suggest me all the possible ways to counter the problem.What will be the consequences of giving my name as father of the child in the admission register or in the birth certificate.is private schools coming under RTI acts.Ravi.
ravi xyz1234
(Querist) 21 October 2012
Generally what is the trend of the courts in this sort of matter.are DNA are being ordered in this type of cases.Ravi
ajay sethi
(Expert) 21 October 2012
have you not heard of ND Tewari case . in that case DNA tests were done to determine who is the father of the child . in that case the son wanted DNA tests done .
your first can make application to court .
