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distress (intern)     24 August 2013

Unwed mother?

hi im 7 months pregnant with a mans child.who abandoned me,his family does not acknowledge the fact that he is even missing,i feel they have sent him away.or he could handle the shame and pressure from his family.he did have cold feet about the child.he vanished into thin air.im helpless and its been 2 months.his family members are very moneyed ans i cant fight them.

i dont know if i can prove marriage?we exchanged rings when no one was around as witness,i have few pictures which does not show the face...but i do have text messages from him stating the baby is his and that we are married,and he came with ,e for all the doctors appointments till he was around.

with the new premarital law..can i claim im married in court and live with him?and also what are the ways to find him?does this mean my child wont have  a fathers name in the birth certificate?

please help me

thank you



Learning

 8 Replies

Tajobsindia (Senior Partner )     24 August 2013

1.    Your child shall have father’s name in Birth Certificate which will be this person name whom you mention in your brief. Child born out of non-marital s*x are treated at par with legal wedded couples born child.

2.    It was a consented s*x resulted into pregnancy between two adults with promise for marriage and thus ring exchanged privately.

3.    You have option to bring upon a civil suit for Restitution of your Conjugal Rights (RCR in short under Section 9 of Hindu Marriage Act) matter against this person whereby you claim before Hon'ble Court that your conjugal rights be restored to live with him as your husband if you so desire which are matter of trial in a Family Court by way of a Petition drafted by an Advocate annexing ring exchanged pics, true typed transcripttts of email msg., Gyno. doctor as your witness along with gyno. Clinic appointments records as exhibits etc. etc. and for the same consult in person with an mature local advocate find via reference or seek appointment of an advocate for the matter via assistance from District Court legal aid if not able to afford one.

4.    You may also claim pendentelite civil maintenance per month under civil Laws (S.125 CrPC) for the child after s/he is born, if not having any income pending such Civil union of parties are verified / established in a Court of law.

5. The Service of Court filed petition matter can be made to his last known address where cause of action arise and Order(s) of Court can be ex-part received followed by execution of the same if he is found not to be appearing in this case.

Also suggested to go though Justice C.S. Karnan of Madras HC judgment of June 2013 where he Ordered male lover of a woman to pay for child support (for his two children born without wedlock) and thus paying way for moral – social responsibility for upbringing non-marital s*x born child(ren) in Indian legal history and created a precedent for such non-marital s*x mothers in Indian society.

1 Like

stanley (Freedom)     24 August 2013

Wait and try to settle the matter amicabilly involve elders , relatives . There is no need to worry since when a DNA test is carried out it would be confirmed that he is the father .Even an illegitimate child should be provided maintanence as per law .
Section 125 in The Code Of Criminal Procedure, 1973
125. Order for maintenance of wives, children and parents.
(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
1. Subs. by Act 45 of 1978, s. 12, for" Chief Judicial Magistrate" (w. e. f, 18- 12- 1978 ).
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
 
Try to distance yourself from corrupt advocates who would instigate  you to file IPC 376 rape or the Domestic violence act  

distress (intern)     24 August 2013

I need to file a petition in court before my child is born?iam having a very stressfull pregnancy and was wondering if I could go legal after the birth of the child.someone told me that without the baby I can't file for a dna testing.also if the man is missing how can I prove he's the father?nobody knew of us exchanging rings at all.it was consented s*x but we never lived together at all because of his family,does this change things?
And also can I live with my husband?can the court order him to live with me.looks like he absconded in fear that his father would cut him off his property,and he said he never wanted the baby and cursed me throughout when he was here,till tender moments when he would look after me.
He wanted me to terminate its my first pregnancy and I wanted the baby,will that hamper the right verdict.I realy want to live with him.

Ranee....... (NA)     24 August 2013

Don't be stressed.Be bold.You are a brave lady that u r going to give birth to this child.

We are proud of you.


Shantanu Wavhal (Worker)     25 August 2013

there is no valid marriage.

the child will be treated legitimate.

the author can get nothing but maintenance for herself & the child.

Ranee....... (NA)     25 August 2013

Also property right in father's property.

What else a wife get from valid marriage if there is conflict between husband and wife?

distress (intern)     25 August 2013

The conflict is that he abandoned me either willingly or because his father helped...either ways he is gone,not a single msg or trace of him I don't even know how to prove I'm married,as I said in my above post,I don't have much proof. In the premarital s*x law..what is the documentry proof needed?I'm carryin his child isn't that enough?

distress (intern)     26 August 2013

can i file restitution of conjugal rights...just as a precaution..so his family does not get him married away to anyone?

proof of our marraige:

photos of only our hands with rings

a photo of us againt the alter

and wedding vows written by him in his hand writing

text messages stating that he married me and child is his

can i use this and file RCR?


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