Paternity fraud and signing-off parental rights

876 votes

Firstly, yes divorce will be granted to you on grounds of adultery /cruelty by your wife. Secondly coming to your property query, if the property is self acquired then it's simple as you can execute a WILL and in the WILL remove your wife and daughter as your inheritors and name it after someone else eg. Parents, siblings etc. If your property is ancestral then unfortunately going by a 2011 SC judgement yes illegitimate children are entitled to the ancestral property. Contact at 98-188-23-868

LawRato LawRato

690 votes

Dear querist,
yes definitely you can file a divorce petition on the grounds of cruelty. But to prove the paternal fraud you will have to get it from either the government registered DNA centres or you have to get it done from the court. Recently, Madurai High Court has dealt with a similar case where a divorce was granted on the grounds of quality as there was a paternal fraud. However, Permission of other partner might also be a requirement during the case. Yes, once it is established in the court that she is not your daughter, then you can sign of your duties as to her maintenance.

Advocate Yuganshu Sharma LawRato

590 votes

Sir
Yes , You can divorce your wife for the same. Since it is not you daughter and it will be considered that ypur wife had taken part in adultery which is a sufficient ground for divorce.
However , whether the girl have any parental right or not is a complicated issue.

Advocate Shivam Sharma LawRato