Legal Question in Family Law in India
dear sir,
while a bachelor i had an affair with a married lady with already 2 kids..she conceived my child..went to america with her husband,kids and delivered the baby girl in US..this happened almost ten years ago.. the daughter was given her husbands sirname as he thinks he is the father of the child..i tried to forget everything but have not been able to forget my daughter as i had spent gud amount of time with her as she visited india couple of times with the baby...with my growing age my father feeling is also reviving..as on date i have come to know that she has divorced her first husband and has got married to another man in india with whom she is living with my daughter..what are my chances of getting my daughter back..i am apprehensive of adultery case from her first husband which is a criminal case if he comes to know of the truth..what are my chances to get my daughter back..m willing to face any consequences..her 1st husband is also back in india..rqst pls dont display my contents for lawguru users.
2 Answers from Attorneys
You may have no claim on the child. Even though biologically you may be the father of the child to the knowledge of her mother, legally only husband of the lady will be the father. In law you may have no claim whatsoever about the child in question. However, you are at liberty to give her any gift as an expression of your love provided the same is accepted by her directly or through her mother.
as she has divorced her earlier husband, whose surname is being used by your daughter, you may approach the civil court and seek declaration that you are the biological father of the child and you should also seek custody of the child. her earlier husband may not opt to file a case for the reason that he is in US and also divorced.
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