Is having a child with mother a criminal offence

Question

Is having a child with mother a criminal offence

19-Apr-2023 (In Family Law)

I am a cancer survivor( chronic lymphatic leukaemia ), but I had a third relapse this time . Doctor said there is no hope. My age is 23. Due to the condition I go through, my mom and me developed a sexual relationship starting from my third relapse of the disease. Mom expressed an opinion for us to have a baby and she is pregnant now. We both have a reason to live now and hope.Mother is a divorcee.She is 43 years old. My question is, is there anything legally wrong in what we are doing, also when the baby is born and if I die, will it be deemed as a bastard? Also will having more babies harm?

Answers (5)

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Adv. Bhoomika Choudhury Adv. Bhoomika Choudhury

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Advocate Deepak Thackur LawRato · Accepted Answer · 2016-04-19T03:27:23+05:30

Answer #2

Under law there is no such thing as a "bastard child". Every child within wedding lock or outside wedding lock has equal rights of inheritance in the property of his or her parents. In your case, as the mother is a divorcee there is no problem with the inheritance. The question comes, is she getting any maintenance from her ex-husband. Alimony has its limitations and extensions depending on various factors like caste, social status, history etc.

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Advocate S. Sethu Mahendran LawRato · Accepted Answer · 2016-04-19T04:07:55+05:30

These are all bit complicated issues arising out of illegitimate relationships. As per natural law only a duly married husband and wife can have children. But law can not go deeper and these are all human values we formed and evolved for ourselves through ages and to my best knowledge as per law and going by our customs and vales mother-son relationship is illegitimate and bad in the eyes of law. But the children born out of it can never be said illegitimate since as per some recent supreme court judgements no child can be given the tag of illegitimate children since children come to this world as innocent and our faults cannot be forced on them. But usually all these laws and judgements discuss about child born out of live-in relationship or by way of any sexual assault. So since you are alive you are the father of the children and they are your legitimate children and even after your time they will be your children. But it brings many practical day to day issues, psychological problems, peer group pressure as well as some taboos on those innocent children. so you will have to think all these things and think of your mothers age and health as well. Good luck.

Advocate M P Siddiqui LawRato · Accepted Answer · 2016-04-19T06:51:39+05:30

Answer #4

Hi, it is illegal and against the society. I am a cancer survivor( chronic lymphatic leukaemia ), but I had a third relapse this time . Doctor said there is no hope. My age is 23. Due to the condition I go through, my mom and me developed a sexual relationship starting from my third relapse of the disease. Mom expressed an opinion for us to have a baby and she is pregnant now. We both have a reason to live now and hope.Mother is a divorcee.She is 43 years old. My question is, is there anything legally wrong in what we are doing, also when the baby is born and if I die, will it be deemed as a bastard? Also will having more babies harm?

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Adv. M P Siddiqui Adv. M P Siddiqui

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Advocate Navin Thakur LawRato · Accepted Answer · 2016-04-19T09:31:22+05:30

Answer #5

My dear the child will be an illegitimate child as the child will take birth out of a relationship which is a prohibited relationship whether you are a Hindu or Muslim, but you may make the child legitimate by showing that the same has been adopted from some body else duly executing an adoption deed. The relation you are talking about has no force in law. Thanks

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Adv. Navin Thakur Adv. Navin Thakur

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Is having a child with mother a criminal offence

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