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panhar rathore (HC)     19 February 2010

child out of wedlock

I have a very specific question to which I haven't got a clear answer. If a man and woman were in a casual relationship only for a few months with no commitment to marriage and not even living together. They spent a total of 8-9 days together stretched over a period of 6 months with not more than 2 days at a time. The meetings were consensual and no force was ever used. The woman gets pregnant and gives birth. What liabilities will the man have given that he broke all contact with the woman after the first six months? Does the child become entitled to any maintenance or inheritance from the man?


 6 Replies

Daksh (Student)     19 February 2010

Mr.Panhar Rathore, As the law stands today even an illegitimate child has got all the legal right whether born out of wedlock,consentual relationship or otherwise. Best Regards Daksh


The child is entitled to maintenance as well as inheritance rights.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     20 February 2010

most probably i already answered your question; however once again.

in a normal sense, the child has the right to get maintenance and inheritence.

but as you are not satisfied therefore i am going one step ahed, from my previous answer.

suppose, the woman do not want to recogonise the man as a biological father due to any reason

(i) might be that, she does not want to break her present marriage (ii) she hate the man and do not want to keep any relation with him; (iii) she love the man too much and donot want to disturbe him or her family anyway;  (iv) she donot want the hidden relationship into daylight - these circumstancess or similar circumstancess, she deprive her child to know the real biological father; and further deprive the child from maintenance & inheritence. As the child do not know the story, he/she will not claim  it in future.

please recall the story of mr tiwary,- the former govornor of AP; - one person claims that, mr tiwary is biological futher of him.

if the woman or her chield claims and it proved that the said man is biological father, then the child will be entitled, of maintenance as well as inheritence.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     20 February 2010

mr panhar,

are you satisfied or anymore question you have?

S.Mohanakumaran nair (Advocate)     29 January 2011

Even though born outside the wedlock the child is entitled to  maintenance and inheritance from the man.

Arup (UNEMPLOYED)     29 January 2011

Even though born outside the wedlock the child is entitled to  maintenance and inheritance from the man. "

- very perfect.


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