Chhattisgarh high court grants son born out of wedlock full rights after 29-year legal battle | Raipur News – Times of India

RAIPUR: Chhattisgarh high court has granted a 29-year-old man, born to an unmarried woman, his rightful status and entitlements, declaring him a legitimate son entitled to all legal benefits from his biological father.
Overturning a family court order, the division bench, comprising Justice Goutam Bhaduri and Justice Rajani Dubey, ruled that the lower court’s judgment was “distorted” and not in accordance with the law.
The man, who is from Surajpur district, had sought maintenance and a share in property from his biological father. After the family court dismissed his plea, he moved high court.
According to the petition, the man’s biological father and mother were neighbours, and had a romantic relationship that led to her pregnancy.
The father insisted on an abortion, but the mother refused, and filed a police complaint for rape.
She gave birth to the boy in November 1995 and raised him as a single mother.
With no source of income and facing societal ostracism, the mother, along with the plaintiff, filed a maintenance case against the father under Section 125 CrPC in Surajpur family court. Despite certain evidence, including official and non-governmental documents listing the father’s name, he continued to deny paternity.
The family court ruled against granting property rights, stating they did not come within the ‘marital domain’. In April 2017, the youth fell ill and faced financial difficulties, so he approached his biological father for monetary help in his treatment, but was turned down. This led him to file a property claim in family court, which was again dismissed, prompting the appeal in high court.
The HC division bench noted that under the Limitation Act, there is no time limit for seeking such relief, and emphasized that the court is always available to children who have been deprived of their rights. HC found the family court’s judgment to be flawed and “legally unsound”.
In its ruling, HC declared the young man the legitimate son of both parents and entitled to all the benefits that should be conferred by his father.