Apni Law Staff asked 2 years ago
A young woman from a marginalized community, belonging to a Scheduled Caste, was promised marriage by a man from an upper caste family. They lived together as husband and wife, and she gave birth to their child. However, despite the child’s existence, the man refused to acknowledge her as his wife. He later married another woman, according to his own community customs, and had a child with her. While he gave his surname to his child with the second woman, he denied it to the woman from the Scheduled Caste and their child. Can this woman, after 35 years, seek legal redress against him?
Best Answer
Apni Law Staff answered 2 years ago
Yes, the woman can seek legal redress. Under Indian law, she can file a case for recognition of marriage, custody of their child, and maintenance. The fact that they lived together as husband and wife and had a child together, despite his subsequent marriage, would be key evidence.
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