Rights of Illegitimate Children in India: Key Updates

H. de Saram, Esq.): -     " This is a case involving a question of Kandyan Law as to the right of an illegitimate child to succeed to her father's acquired property. ... In the action No. 721 (3) of this Court referred to by Lawrie A.C.J., the widow and legitimate child were the plaintiffs, and the illegitimate child the defendant. The legitimate child died during t....

High Court Malaya Kuala Lumpur

Since there was no marriage between the parents at the time of birth the child was an illegitimate child. ... The child being an illegitimate child born to a noncitizen mother, whose nationality is known, cannot be said to be one 'who is not born a citizen of any country' pursuant to art 14(1)(b) read together with s 1(e) of Part II. ... applies to the meaning of "parents" or "at least ....

It is there said: " Procreate right gives a title to a legitimate child from the father and to the father from a legitimate child, but it does not give a title to an illegitimate child. " I was at first inclined to think that as the first branch of this proposition is shown by the decisions above ... Kandyan law-Is father heir to his illegitimate child?-Acquired ....

child had no right to the custody of the child as against the grandmother on the maternal side. ... If this position be correct, the Roman-Dutch law as being the common law of the land would be applicable and under the Roman-Dutch Law the father of an illegitimate child certainly has no right as against the grandmother on the maternal side. ... Minor-Custody of illegitima....

    The Niti Nighanduwa at p. 56, referring to a natural child, gives "in some instances rights of inheritance" to the recognized illegitimate child of a secret cohabitation; and at p. 71 allows the illegitimate child to share with the legitimate child in the acquired immovable property ... as an illegitimate child, not the question of marria....

Now if the " child " in this section is construed to mean only a legitimate child, then this section will nullify section 22 which recognizes the right of an illegitimate child to succeed to the movable property of his father, if there is no legitimate child, and to succeed to the movable property ... Did Nanduwa die leaving him surviving a " child " within the ....

The Bar has not been able to cite a single authority either from the Law Reports or from the institutional writers to show that the customary law of the Kandyan recognized the right of an illegitimate child to inherit from a collateral source. ... The question to be decided, therefore, was whether the word " child " in the proviso included " illegitimate children "? ... If then an illegitimate....

By an illegitimate child I mean his child by a woman whom he kept or lived with as his wife without being lawfully married to her; and perhaps it should also be shown that he recognized the child as his, although that point has not been argued, and therefore I will not express an opinion on it. ... to judgment, the illegitimate children had to show a right to present possession, he....

to maintain his illegitimate child has thereby been abrogated. ... In the case of Nizam Vs Beebi(2) it was held that "An illegitimate child is conferred the right to claim maintenance from the putative father by Section 47 (1) (cc) of the Muslim Marriage and Divorce Act and the Muslim Law to the extent that it docs not impose a liability on a father ... on behalf of an illegitimate#HL_EN....

2023 0 Supreme(P&H) 1483

A father can be a guardian in case of an illegitimate child, only after the mother. The law thus did not extend to confer any right at par on father of an illegitimate child as have been conferred on father of a legitimate child. ... The law should thus recognize the right of a mother of an illegitimate child and accept her status as ....

2020 0 Supreme(Chh) 116

30 Bom. 500 = 8 Bom. L.R. 322 , Batchelor, J., held that where there were two sisters born of unmarried parents the son of one of them was not the nephew of the other for the purposes of S. 105, Succession Act, 1865, and he observed that he could not conceive that such an act which defines certain relations simpliciter intended any other relations than those flowing from lawful wedlock. If this is correct "child" cannot possibly include an illegitimate child."

2019 0 Supreme(Bom) 2246

The accused nos.1 to 7 used to tell that her child is not born out of wedlock with the accused no.1. They used to say that her child is illegitimate child. In order to abort child in her wombs, they forcibly administered her poisonous substance used for killing the rat.

2012 0 Supreme(Gau) 740

Is the child in question the legitimate or illegitimate child of the 2nd party. Is the 1st party legally married of the 2nd party. b) Is the 1st party unable to maintain herself and her minor child. d)

2006 0 Supreme(P&H) 2701

On 9.8.1991, the wife moved an application for maintenance and after trial, the order granting maintenance was passed on 9.11.1993. During pendency of the said application, the petitioner filed an application that the wife and the daughter should be taken to the undergo DNA test which application was dismissed. On 1.2.1992, a female child was born, who according to the petitioner, is illegitimate. The petitioner filed an application under Section 127 of the Code of Criminal P....

1995 0 Supreme(Pat) 709

10. Shri Laik has attempted to pursuade me to hold that the respondent gave birth of second child when the appellant has no access to his wife. In other words the second child was illegitimate one. In absence of convincing evidence this contention cannot be accepted.