Legal Question in Family Law in India

Mr. sanjay kaira,

It is a matter regarding maintenance of divorced wife and her illegitimate child.Please note her illegitimate child.Wife applied for maintenance u/s 125crpc for both in 1999.In 2004 ex -parte divorce was granted by court on the ground of adultery.In 2006 interim maintenance order was passed to pay 1000/- and 700/-respectively to wife and her illegitimate child.My submission is to defend myself on the ground that in her application u/s 125 her illegitimate child was mentioned to be born in Nov.98 ,while in her statements in the court the said child was stated to be born in May 99,but when inquired by me from the school record her illegitimate son's date of birth found to be 15/08/2000.Admission form of the said child is signed by her mother.I have been arbitrarily mentioned as father of that child by my wife.

Now I wish to defend my self against crpc 125


Asked on 9/18/12, 4:46 am

2 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

Dont panic. Can you scan the copy of the petition u/s 125 crpc to me . You can contact me on my email id or cell phone which is mentioned on my profile. I have couple of things to clarify before in advice you.

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Answered on 9/18/12, 11:53 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Did you file the petition on the court for declaring that the child is not yours? Mere discrepancies in the date of birth does not make a child illegitimate. If he is not your child then go for DNA test. This. Would bring out the truth.

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Answered on 9/19/12, 10:10 am


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