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jitendraku (CA)     14 July 2015

Maintenance of a child in adultery

Hi,

 

I divorced a woman.

 

Maintenance continued. 

 

She did not marry a second man. But gave a birth to a baby out of adultery.

 

Am I responsible to maintain that child, too?

 

 



Learning

 5 Replies

saravanan s (legal advisor)     14 July 2015

to my knowledge since you are not the biological father of the child you are not entitled to maintain it


(Guest)

Child not born out of wedlock is her headache.  Not yours.

Nitin (marketting manager)     14 July 2015

Hello Helping Hand,

   "Child not born out of wedlock is her headache.  Not yours. "

Her Headache? how can we say that she is still married to him, 

so who should take the responsibility of the kids maintanance as she is married and not Divorced??and what will be the role of third man who is the bio logical father? does he has any kind of rights here?? 

Nitin.


(Guest)
Originally posted by : Nitin
Hello Helping Hand,

   "Child not born out of wedlock is her headache.  Not yours. "

Her Headache? how can we say that she is still married to him, 

so who should take the responsibility of the kids maintanance as she is married and not Divorced??and what will be the role of third man who is the bio logical father? does he has any kind of rights here?? 

Nitin.

Goli kissi aur ne maari aur jurmaana tum kaise bharsakte?  If wife being married and still not divorced sleeps with other man and gets pregnant, original husband is not responsible for the maintenance of such child.  He should prove to court by asking court to get DNA test done of the child and give evidence of such child's existence to show her adultery and get divorce first legally from her and if she files for maintenance of the child same above procedure should be followed.  and the original husband should give the address and photo of the person whom she slept with and make that person a party to the case of adultery. That is the way to go about it.  But legally this is the only method to avoid paying maintenance to illegal child, on the other hand like NDTiwari's son did or his mother did, has to file a case seeking alimony from illegal father of the child.

 

Legally and ethically the mother of such child and the ILLEGAL father of such CHILD should bear the expenses of such child and not the original husband.  Of course the biological father has rights on the child to claim him via G&W case.

saravanan s (legal advisor)     15 July 2015

in the query mr jitender had said that he had divorced that woman


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