Legal agreement with a lady who is single mon of my child
11-Sep-2023 (In Civil Law)
Hi, I am married since 2016 Apr, sometimes in 2015 Mar I had an affair and miss x (who was divorced back then) got pregnant by me and left without any communication. Now in 2018 she contacted me informed she is single mom of my child. But I am married and have daughter. Miss x has not claimed anything but just to keep my family secure I want to have some legal agreement done between me and miss x that in future she will not claim anything from me or my family. Can we have this sort of arrangement? Please advise
In following situations, marriage will be voidable[9] at the option of one party:
when the other party was insane at the time of marriage;
when the other party was impotent at the time of marriage;
when the wife was pregnant at the time of marriage by some person other than the husband (without the latter’s knowledge); and
(If) when the consent of the other party (or the guardian’s consent in regard to a minor bride) was obtained by force or fraud.
In above situations, option rests with the party to get the decree of annulment from courts (in void marriages, decree of annulment is granted). The children will be considered legitimate till court grants decree. However, if the parties under Section 12 are seeking a decree of divorce, then the question of illegitimacy does not appear as divorce can be granted only in cases of valid marriages.
Originally the Hindu Marriage Act provided that a child born out of a marriage declared void or annulled by the court will have the same status as that of marriage dissolved by decree of divorce. But the courts have interpreted Section 16 of the Hindu Marriage Act differently; the section was applicable only if a decree of nullity was passed by a court; in the absence of such a decree, the children remained illegitimate in the case of void marriages.[10] This lacuna was however removed after the Marriage Laws (Amendment) Act, 1976, which amended Section 16. Now, the children of all void and voidable marriages shall be deemed to legitimate. However, the children born out of void or voidable marriages cannot inherit the property of their relatives.
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[12], and can therefore inherit from each other under the said Act. An illegitimate child can inherit the property of his or her mother or of his or her illegitimate brother or sister(uterine blood). A mother also can inherit the property of her illegitimate child. The father has no right to inherit the property of his illegitimate child.
when the other party was insane at the time of marriage;
when the other party was impotent at the time of marriage;
when the wife was pregnant at the time of marriage by some person other than the husband (without the latter’s knowledge); and
(If) when the consent of the other party (or the guardian’s consent in regard to a minor bride) was obtained by force or fraud.
In above situations, option rests with the party to get the decree of annulment from courts (in void marriages, decree of annulment is granted). The children will be considered legitimate till court grants decree. However, if the parties under Section 12 are seeking a decree of divorce, then the question of illegitimacy does not appear as divorce can be granted only in cases of valid marriages.
Originally the Hindu Marriage Act provided that a child born out of a marriage declared void or annulled by the court will have the same status as that of marriage dissolved by decree of divorce. But the courts have interpreted Section 16 of the Hindu Marriage Act differently; the section was applicable only if a decree of nullity was passed by a court; in the absence of such a decree, the children remained illegitimate in the case of void marriages.[10] This lacuna was however removed after the Marriage Laws (Amendment) Act, 1976, which amended Section 16. Now, the children of all void and voidable marriages shall be deemed to legitimate. However, the children born out of void or voidable marriages cannot inherit the property of their relatives.
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[12], and can therefore inherit from each other under the said Act. An illegitimate child can inherit the property of his or her mother or of his or her illegitimate brother or sister(uterine blood). A mother also can inherit the property of her illegitimate child. The father has no right to inherit the property of his illegitimate child.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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