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Author Topic: Having a baby...  (Read 61 times)

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Offline Niviesh

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Having a baby...
« on: November 15, 2016, 07:21:34 AM »
I am OCI card holder( i.e now I hold foreign passport) and wish to have a baby with a separated indian lady. This Indian lady has a pending divorce case in family court(and also has another dowry case against the previous husband). My questions are :
- Can I marry this separated lady ?
- Will our un-official living together(in India)is legal in court of law ?
- What if I and this lady plan a baby together without informing the court of law?
- How can we ensure that our new born child's future is safe ? Can we both sign some kind of agreement which gives us/baby some legal protection and security ?

Regards,
Niviesh

Offline advjaibansal

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Re: Having a baby...
« Reply #1 on: November 15, 2016, 11:00:43 AM »
Dear Sir,

As per Indian Law, you cannot marry a lady who is not divorced. This is punishable  under law if husband of the lady files a criminal case for adultery against you once he comes to know the same. You cannot legally marry her. Despite the aforesaid if you decide to have the child, the child will be illegitimate child of yours but having all the rights of legitimate child.

No such agreement under any law of any country is valid.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

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Re: Having a baby...
« Reply #2 on: November 18, 2016, 10:43:27 AM »
You have already consulted with me over telephone in this regard as far as I remember. ANyway replying you once again same answers

Can I marry this separated lady ?
Ans: NO

- Will our un-official living together(in India)is legal in court of law ?
Ans: NO

- What if I and this lady plan a baby together without informing the court of law?
Ans: you will be in trouble and you will face punishment under Indian Penal Code.

- How can we ensure that our new born child's future is safe ? Can we both sign some kind of agreement which gives us/baby some legal protection and security ?
Ans:Child will be secure but he/she will be illegitimate child and it will be your child and you have to bear maintenance.

Be Safe and don't get into trouble unnecessarily for a separated girl. Let her divorce her husband then do whatever you want or how many babies you wish to have

Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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