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Right of a Child born out of Second marriage
19-Jul-2023 (In Divorce Law)
My brother got 2nd marriage without divorce 2years before...Now he has a child from second marriage.. Now mutual divorce process is going on from first wife.Is that child legal after divorce? What should take action to my brother for that child may be legal.
Firstly you should note that the second marriage done by your brother without divorcing first wife tantamounts to bigamy. Your brother is the biological father of the child and he is bound to take responsibilities of his children which he cannot escape. The second marriage in itself is a void marriage as his first marriage exist till now and the first divorce proceeding is going on. The moment first marriage gets over by a decree of divorce ,the second marriage gets legalised. If your brother is put to strict proof off for medical examination by his second wife by process of DNA test report will show he is the biological father of his son. There is no point to escape rather than maintaining the child forever.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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