Rights of Illegitimate Minor Children in India

Minor-Custody of illegitimate child-Rights of maternal grandmother and father in Kandyan Law and Roman-Dutch Law-Habeas Corpus. ... In the absence of authority in the Kandyan law which would enable the grandmother to claim preference over the father of an illegitimate child in regard to its custody- Held, that the Roman-Dutch law was applicable and that, accordingly, the father of the illegitimate ... If this position be correct, the Roman-Dutch law as bein....

2023 0 Supreme(P&H) 1483

being of the minor illegitimate girl child. ... The question which thus arises for consideration is as to whether the minor petitioner No.3, who is a mother, and is a natural guardian under Section 6(b) of Hindu Minority and Guardianship Act, 1956 would be eligible to give her illegitimate child in adoption or not? ... stigma of being an illegitimate child. ... The law thus did not extend to confe....

1973 0 Supreme(Mad) 339

The obligation under Sub-Sec. (1) arises by reason of the status of the person, whether the child is legitimate or not and whether a Hindu or not. ... The Act is therefore, applicable to the respondent minor. It is equally clear that it does not apply to the appellant who is a Mohamedan. ... Judgement ... VEERASWAMI, C.J. :- The subject matter of the second appeal is a maintenance decree against the defendant-appellant obtained by h....

2022 0 Supreme(Bom) 1583

are not considered, merely because the personal law applicable to the minor child indicates that being an ‘illegitimate child’, she can have no rights towards inheritance or descent. ... It was recorded as a matter of fact that the said minor child was not born from the respondent as he was not the biological father and that the custody of the minor child always remained with her....

2023 0 Supreme(Chh) 201

1976 (68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act. ... in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents”. ... (1) Notwithstanding that marriage is null and void under s....

- This is an application for maintenance by a woman on behalf of her illegitimate child. On the day of trial, the applicant challenged the respondent to take an oath at Alutnuwara dewala that he did not visit the applicant and that the child is not his. ... R. 193] A mother suing for maintenance on behalf of an illegitimate child is in the position of a next friend. It has also been held that an illegitimate child is #HL_START....

This action is brought by the plaintiff to recover possession; and the question is, whether the plaintiff, the illegitimate child, is entitled by Kandyan Law to succeed to the intestate's acquired lands in preference to the mother and brother and sisters. ... a judgement rightly, His Lordship was influenced by Lawrie A.C.J.'s udgment reported in Mahatmaya v. ... The plaintiff is his illegitimate child by a woman with whom he lived as his wife, but to whom he was not#HL....

intestate who are now petitioning for a judicial settlement are or are not illegitimate, that is to say, whether they were the children of her lawful husband, the administrator, or not. ... I think, therefore that the judgment of the District Judge must be set aside, and the case sent back for the trial of the issue whether these children are illegitimate or not, as proposed by my Lord. ...               The   case   having   gone   back,   the   District ....

Illegitimate children inherit the property of their intestate mother, but not that of their father or that of the relatives of their mother". The relationship between a mother and her illegitimate child is well recognized in our law, and the consequence is that the respondents must fail. ... She was-an illegitimate child of one Podihamy who was also the mother of six other illegitimate children. Podihamy herself is dead. The respondents fall into two groups ....

2025 Supreme(HK)(HKFC) 328

The issue to consider is this: whether a father of an illegitimate child may be granted custody of that child, if he is not registered as the father in the relevant birth certificate. ... child shall have all the rights and authority in respect of the child : section 3(1)(c)(i); (b) a father of an illegitimate child does not ....

2022 0 Supreme(Ker) 228

(3) legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself. (4) father or mother, unable to maintain himself or herself. (2) legitimate or illegitimate minor child, whether married or not, unable to maintain itself.

2018 0 Supreme(Raj) 1287

(d) his father or mother, unable to maintain himself or herself, (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (b) his legitimate or illegitimate minor child whether married or not, unable to maintain itself, or

2017 0 Supreme(All) 1588

(d) his father or mother, unable to maintain himself or herself, a Magistrate of first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct.” (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or #HL_ST....

Current Civil Cases

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a Magistrate of first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct.” #HL_....

2016 0 Supreme(All) 1731

(d) his father or mother, unable to maintain himself or herself, (b) His legitimate or illegitimate minor child, whether married or not unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or