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arsh anand   16 September 2021

baby girl custody

a women make s*xual realation with me and she concieve baby without me inform and before delievery she didnt dicuss this issue with me....after delievery she told me all off this ......
so now indian law give baby custody to mother or father?


 3 Replies

P. Venu (Advocate)     17 September 2021

Are you desirous of getting custody of the child?

minakshi bindhani   18 September 2021

As per your query

If a child born is born without wedlock.
An unmarried woman who gives birth to a child has custody of the child automatically.

The supreme in various judgement mentioned it is settled principle that till the age of five, a mother is a natural guardian of the child but after the age of five, the father of the child is the natural Guardian
And a mother shall gain full guardianship rights after the death of the father.

However, an unmarried mother who gives birth to a child is the sole residential parent and legal custodian of a child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian.

Additionally, such a child has the right to maintenance, inheritance, joint family property and partition, guardianship.

The Supreme Court in various judgement mentioned:
In the case of Ravanasiddappa v.Malikarjun

The Apex court held that the court has to remember that the relationship between the parents may not be sanctioned by law but the birth of a child in such a relationship has to be viewed differently.

A child born in such relationship is innocent and is entitled to all the rights which are given to other children born in a valid marriage.
Hope it clarifies the issues!
Regards
Minakshi Bindhani

Dr. J C Vashista (Advocate and Legal Consultant)     18 September 2021

Very well explained and advised by Ms. Minakshi Bindhani, I fully agree and appreciate. However, do you intend to marry your partner at this stage ? If so, it would be prudent and better for the innocent baby girl as well.

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