Legal Question in Family Law in India
My boyfriend got mutual divorce,but his x-wife again filed appeal to cancel decree of mutual divorce.In between that time i am pregnant from him.he cant marry me because of appeal,but he like to give his name to my coming baby.so if he can be able to give his name to baby by law?
5 Answers from Attorneys
If it is a mutual consent divorce between your boy friend and his wife ,then rest assure she cant file an appeal against the decree of Mutual Consent. It had to be a contesting divorce which your boy friend is hiding from you.
u need to go through the papers and also verify whether there is any appeal pending against the consent decree. however, in case the girl has alleged that her consent was obtained through fraud, misrepresentation etc....she may succeed in annulling the decree but u need to verify by hiring a lawyer.
Here your main question is regarding baby which you are carrying . You cant give his name to said baby B'coz it illegitimate child
whatever is matter of his divorce,But you are not his married wife.
I differ with Mr. Saini in his legal opinion with regard to the illegitimate child and giving his surname etc to the child. Illegitimate child has all the rights in the property etc of his father and can surely can take his fathers surname as well. There is no bar under the law.
If appeal filed within time [I mean within limitation], you cant do anything. I have a doubt? why she preferred appeal? coz Generally Div by mutual consent will be a joint petition. In that case why she turned against the same?
J. Bennet Raj, M.L., Advocate
Bennet Raj Online Legal Solutions
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