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Asked February 10, 2017

Legal Rights of Illegitimate child

  • 2 Answers

An unmarried girl got impregnated. What legal rights does the illegitimate child have?

Answers 2

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According to Hindu Marriage Act and Hindu Adoptions and Maintenance Act, 1956, a Hindu is bound during his lifetime to maintain his illegitimate children, till the child becomes a major or has converted to some other religion. 


You can read this article to see how the Courts have taken the side of the minor child, and asked the father to support it/give maintenance, even though the man said that there was a "compromise" signed between the mother and the man.



Team Lawfarm


In fact, The Supreme Court has recently held that an "illegitimate child" has the right to property as well. The Court said, ‘Child born in illegitimate relationship/Void marriage is innocent and is entitled to all rights to property to which his parents are entitled whether ancestral or self-acquired property.’ [Revanasiddappa v. Mallikarjun(2011 (86 ) ALR 450)]


So in this case, the mother can file for maintenance, under the Hindu Laws mentioned above, on behalf of the child (since she is the child's guardian).

Agree Comment 0 Agrees about 4 years ago

All rights related with landed property in favour of this child but you have to prove that you are born from can claim maintenance claim under Sec.125 of Cr.p. c.

Agree Comment 0 Agrees about 4 years ago

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