Child support for unmarried women
2 years ago
What are the legal responsibilities of a biological father towards his pregnant partner and her to be born child? Both are unmarried and the man is now not willing to marry the woman, and wants her to abort the child. Woman wants to keep the child. Can the child get father's name in this case? Does that need a marriage? The woman is 37 unemployed. Man is 34 employed.
A.Dear Sir/Madam,
It is deemed marriage and the name of the father may be taken in the official records. If any issue arise the aggrieved party may approach the Police and then the so called husband have to face lot of problems as he wish to cheat the woman and child.
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It is deemed marriage and the name of the father may be taken in the official records. If any issue arise the aggrieved party may approach the Police and then the so called husband have to face lot of problems as he wish to cheat the woman and child.
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Adv. Sarika Khude
Responded 2 years ago
A.It is not disputed a child is an illegitimate one or not. No responsibility arises I blees it is proved that he is the biological father. Ok In my opinion in this type of case responsibility of the father will arise if the woman concerned proves that the child is born out of her illegitimate relation with such a man. She must have some proof. But now he may deny all this.
Hence, if he is interested to abort such a child, talk with any lady doctor to help, put his name as the biological father and do all processes with his signature.
Hence, if he is interested to abort such a child, talk with any lady doctor to help, put his name as the biological father and do all processes with his signature.
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A.Hi,
An unwed mother must be acknowledged as her child's legal guardian, and she cannot be forced to name the father, nor does she require his approval. A valid marriage between the two is required for the kid to inherit the father's name; otherwise, the offspring would be considered illegitimate and will not be able to inherit the father's possessions. According to the Hindu Minority and Guardianship Act, the mother has custody of the kid until the child reaches the age of five, thus the child will be in your care.
Thank you very much.
An unwed mother must be acknowledged as her child's legal guardian, and she cannot be forced to name the father, nor does she require his approval. A valid marriage between the two is required for the kid to inherit the father's name; otherwise, the offspring would be considered illegitimate and will not be able to inherit the father's possessions. According to the Hindu Minority and Guardianship Act, the mother has custody of the kid until the child reaches the age of five, thus the child will be in your care.
Thank you very much.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
An unwed mother must be recognized as the legal guardian of her child and she cannot be forced to name the father, nor does she need his consent. In order for the child to receive the name of the father, there has to be a lawful marriage between the two otherwise the offspring will be treated as being illegitimate and cannot get succession over the property of the father. It is the mother who has the custody of the child according to the Hindu Minority and Guardianship Act till the age of five, therefore, the child will be under your custody.
Thank you.
An unwed mother must be recognized as the legal guardian of her child and she cannot be forced to name the father, nor does she need his consent. In order for the child to receive the name of the father, there has to be a lawful marriage between the two otherwise the offspring will be treated as being illegitimate and cannot get succession over the property of the father. It is the mother who has the custody of the child according to the Hindu Minority and Guardianship Act till the age of five, therefore, the child will be under your custody.
Thank you.
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A.Hello Client,
The legitimacy of a child in Hindu law depends on the validity of the marriage under Hindu Marriage Act.
I am assuming that you both are Hindu.
Hence, children who will fall under the category of illegitimate children under Hindu Law may be summed up as follows:
1. Children born of void marriage;
2. Children born of annulled/voidable marriage;
3. Children born of illicit relationship;
4. Children born through concubinage; and
5. Children born of a marriage which is not valid for want of proper ceremonies.
The legal Responsibilities of a father here towards his legitimate and illegitimate are quite the same,
1. A father is liable for all the maintenance towards his child.
2. An illegitimate child is not entitled to succeed to his father. But under the Hindu Succession Act, illegitimate children are deemed to be related by illegitimate kinship to their mother and to one another, and their legitimate descendants are deemed to be related by legitimate kinship to them and one another, and can therefore inherit from each other under the said Act.
3. Unlike a legitimate son, an illegitimate son does not acquire any interest in the ancestral property in the hands of his father; nor does he form a coparcenary with him, so that during the lifetime of his father, the right of the illegitimate son is only limited to maintenance. But the father may, in his lifetime, give him a share of his property, which may be a share equal to that of the legitimate sons.
4. The mother of an illegitimate child had the right to the custody of the child during the years of nurture.
The legitimacy of a child in Hindu law depends on the validity of the marriage under Hindu Marriage Act.
I am assuming that you both are Hindu.
Hence, children who will fall under the category of illegitimate children under Hindu Law may be summed up as follows:
1. Children born of void marriage;
2. Children born of annulled/voidable marriage;
3. Children born of illicit relationship;
4. Children born through concubinage; and
5. Children born of a marriage which is not valid for want of proper ceremonies.
The legal Responsibilities of a father here towards his legitimate and illegitimate are quite the same,
1. A father is liable for all the maintenance towards his child.
2. An illegitimate child is not entitled to succeed to his father. But under the Hindu Succession Act, illegitimate children are deemed to be related by illegitimate kinship to their mother and to one another, and their legitimate descendants are deemed to be related by legitimate kinship to them and one another, and can therefore inherit from each other under the said Act.
3. Unlike a legitimate son, an illegitimate son does not acquire any interest in the ancestral property in the hands of his father; nor does he form a coparcenary with him, so that during the lifetime of his father, the right of the illegitimate son is only limited to maintenance. But the father may, in his lifetime, give him a share of his property, which may be a share equal to that of the legitimate sons.
4. The mother of an illegitimate child had the right to the custody of the child during the years of nurture.
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Sanjay Kumar Jha
Responded 2 years ago
A.Dear concerned,
It is not disputed that child is an illegitimate one or not. No responsibility arises iblees it is proved that he is the biological father. Ok
In my opinion in this type of case responsibility of father will arise if woman concerned proves that the child is bornout of her illegitimate relation with such man. She must have some proof . But now he may deny all this.
Hence , if he is interested to abort such child the , talk with any lady doctor to help , put his name as biological father and do all process with his signature.
Then , deny to to abort with consent of doctor. She will get the record of his being a biological father.Then she may move to court for cheating and fraud, sexual expolitation . Then he may be forced by fear of law to marry her fir creating her legitimate rights for child and herself.
Or make pressure involving with local mukhiya and able person for her marry with him.
Thanks
It is not disputed that child is an illegitimate one or not. No responsibility arises iblees it is proved that he is the biological father. Ok
In my opinion in this type of case responsibility of father will arise if woman concerned proves that the child is bornout of her illegitimate relation with such man. She must have some proof . But now he may deny all this.
Hence , if he is interested to abort such child the , talk with any lady doctor to help , put his name as biological father and do all process with his signature.
Then , deny to to abort with consent of doctor. She will get the record of his being a biological father.Then she may move to court for cheating and fraud, sexual expolitation . Then he may be forced by fear of law to marry her fir creating her legitimate rights for child and herself.
Or make pressure involving with local mukhiya and able person for her marry with him.
Thanks
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A.Dear client,
By assuming that the parents are Hindu, I am suggesting the same-
Under the Hindu marriage Act a child is an illegitimate one, if it is not born out of a lawful wedding.
Hence, illegitimate the child falls under the following categories-
Children born out of void marriage
Children born out if annulled / Voidable marriage
Children born out if illicit marriage
Children born through concubinage
Children born of a marriage which is not valid for want if proper Ceremonies
The Hindu law relating to illegitimate children can be discussed under the following four heads:
 Maintenance
 Inheritance
 Joint Family Property and Partition
 Guardianship
Under the Hindu Adoption a d Maintenance Act a Hindu mother and father both are equally liable to take care of their illegitimate child, till the age of minority.
Moreover, under the Hindu Adoptions and Maintenance Act, an illegitimate son of a deceased Hindu, so long as he is a minor, and an illegitimate daughter of a deceased Hindu, so long as she remains unmarried, are entitled to be maintained by the heirs of the deceased out of the estate inherited by them or by the persons who take the estate of the deceased.
And in case the man wants to abort the child, kindly take some legal steps by contacting an advocate.
Thank you.
By assuming that the parents are Hindu, I am suggesting the same-
Under the Hindu marriage Act a child is an illegitimate one, if it is not born out of a lawful wedding.
Hence, illegitimate the child falls under the following categories-
Children born out of void marriage
Children born out if annulled / Voidable marriage
Children born out if illicit marriage
Children born through concubinage
Children born of a marriage which is not valid for want if proper Ceremonies
The Hindu law relating to illegitimate children can be discussed under the following four heads:
 Maintenance
 Inheritance
 Joint Family Property and Partition
 Guardianship
Under the Hindu Adoption a d Maintenance Act a Hindu mother and father both are equally liable to take care of their illegitimate child, till the age of minority.
Moreover, under the Hindu Adoptions and Maintenance Act, an illegitimate son of a deceased Hindu, so long as he is a minor, and an illegitimate daughter of a deceased Hindu, so long as she remains unmarried, are entitled to be maintained by the heirs of the deceased out of the estate inherited by them or by the persons who take the estate of the deceased.
And in case the man wants to abort the child, kindly take some legal steps by contacting an advocate.
Thank you.
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