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Living relationship and childbirth


09-Jul-2023 (In Divorce Law)
Hi, I want to know if I can live with my partner in india where I am a divorcee and my partner is awaiting divorce. Also can we have a child together in such conditions. Will I be able to get my partners name as the father of my child in the birth certificate. Is it illegal by any chance ?
Answers (2)

Answer #1
730 votes
if you get a child from someone, whether you are a divorcee & you later marry him or not, he being still not yet divorced will render you guilty of any Indian Law, only that that person may have legal issues for fatheris Child through someone else while still remaining undivorced.
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Advocate S.K Prabhakar Shetty

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Answer #2
574 votes
Dear Sir/Madam, It is totally illegal. You may stealthy continue the live-in relationship but cannot have a child through your partner without legal divorce. Sometimes, long live-in relationship may be considered as valid marriage and the offence under Section 494 of IPC may be attracted.  Section 494 in The Indian Penal Code 494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
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Advocate Kishan Dutt Kalaskar

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