gagan singh
Asked September 13, 2016

Procedure and need for paternity test

  • 1 Answer
  • 224 Views

helllo sir. I need some advise. I had mutual divorce with my ex wife which was finalised on july 2015 during that process of divorce I had a affair with another girl she got pregnant in that period. and baby was born in january 2016' sir I want to know is there any law problem do I have to file any petition in court for prooving that I am legal father of. my baby. bcoz someone told me. that I have to go through this thx for any advise sir

Answer 1

A child is always recognized as the legal child of his/her parents, irrespective of the relationship between the parents. Inspite of your child being born out of an unmarried relationship, it will still be considered as your lawful child. S. 125 of Code of Criminal Procedure, 1973 [1]recognizes the legal status of an illegitimate child, whereby S.125(1) of the Code lays down that a Magistrate of the first class may, upon proof of  neglect of his legitimate or illegitimate minor child, order such person to make a monthly allowance for the maintenance of the child. Moreover, The Registration of Births and Deaths Act, 1969 mandates registration of birth, i.e., a registered birth certificate. S. 8 of The Act [2]lays down the duty of different persons to register birth in different circumstances: 1. In respect of births and deaths in a house, the head of the house; 2.In respect of births and deaths in a hospital, health centre, maternity or nursing home or other like institution, the medical officer in charge or any person authorised by him in this behalf Moreover, S. 23 of the Act [3]provides that any person who fails without reasonable cause to give any information which it is his duty to give under any of the provisions of sections 8, shall be punished. Hence, apart from the birth certificate, you do not need to file any additional petition to prove the legal status of the child  

[1] Available at: https://indiankanoon.org/doc/1056396/

[2] Available at: https://indiankanoon.org/doc/1636244/

[3] Ibid.

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