nder Cr PC a child can claim maintenance from his/her father. But if the child is illegitimate then how one can prove that he is my father and i want maintenance from him?
Guest (n/a) 24 April 2009
nder Cr PC a child can claim maintenance from his/her father. But if the child is illegitimate then how one can prove that he is my father and i want maintenance from him?
Md Shadab Ansari (Law Student & Human Rights Activist....) 24 April 2009
I agree with Mr Prabhakar..
vetrivelan.s (Consultancy ) 24 April 2009
what about one of the parent either father or mother gets their marriage as null and void thro family court..
the child -- boy/girl stays with one of them, what about expenses if both father & mother are earning persons. ( well to do)
incase the child stays away with either of their grandparents,
incase the child stays in an residential school / hostel
what about ancestral properties/ wealth.
Swami Sadashiva Brahmendra Sar (Nil) 25 April 2009
Dear vetrivelan, mother and father both are liable for maintenance of child. so far property rights are concerned, it will depend upon personal law applicable to them. in general, child will be treated legitimate and will inherit his father's self acquired property.
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
REGARDING THE LEGITIMATE AND ILLEGITIMATE CHILD MAINTAINENCE UNDER CRPC KINDLY NOTE THAT.
1.A CHILD CAN FILE APPLICATION FOR MAINTAINENCE THROUGH LEGAL GURDIAN .MOTHER.CHILD CAN BE COOPPLICANT.AMOUNT OF MAINTAINENCE UNDER CRPC.IS 1500/- PER MONTH.KINDLY REFER STATE AMMENDMENTS IF ANY FROM THE STATE TO WHICH CHILD BELONGS.
2.LEGITIMATE AND ILLEGITIMATE CHILD THIS IS A VERY DIFFICULT ISSUE TO PROVE.AT PRESENT IN SOME CASES. IN CASE OF QUESTION RAISED BY HUSBAND OR WIFE ABOUT THE LEGITIMACY OF CHILD .THE OTHER SIDE CAN FILE APPLICATION FOR CONDUCTING D.N.A.TEST OF PARENTS AND THE CHILD. IT CAN PROVE THE PATERNITY OF THE CHILD IN THIS RESPECT CITATION OF CASE. SHARDA VERSUS DHARAMPAL ALL RELEVENT POINTS ARE DISCUSSED.
3.UNDER PROVISIONS OF HINDU ADOPTIONS AND MAINTAINENCE ACT. UNDER SECTION 18 AND 20 MOTHER AND CHILD WHETHER LEGITIMATE OR ILLEGITIMATE CAN CLAIM MAINTAINENCE FROM THE FATHER.
KINDLY SEND DETAILS IN CASE YOU NEED MORE HELP.
WITH BEST REGARDS TO YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI).,ADVOCATE
V.S.R.Deekshitulu (B.Sc, B.L) 16 May 2009
The question lacks precision. In what circumstances you are calling the child as illegitimate. Is it that the mother is a 2nd wife to the father through whom the child is born? or is that there is relationship of kept mistress between the mother and father.
In both the cases the child is illegitimate and she cannot be made a destitute and the person through whom she was born is liable to maintain.
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