LAILA Vs. MUHAMMEDALI

JUDGEMENT

(1.) Does the prayer for declaration of illegitimacy of a child born during the subsistence of a valid marriage fall within the sweep of explanation (e) to Section 7(1) of the Family Courts Act

(2.) The appellants are a divorced wife and her minor daughter. The marriage of the first appellant with the respondent took place on 24,6,1985. The child in question (the 2nd appellant) was admittedly born on 13.7.1994. The marital tie was dissolved on 17.8.1995.

(3.) Long later the respondent-husband alleged that he came to know that his name has been entered in the records of the Local Authority as the father of the child. He called upon the Local Authority by Exhibit A4 lawyer notice dated 20,2,2001 to reverse the entry regarding paternity in the records. He received Exhibit A5 reply dated 24,3,2001 that it was not possible to do so. According to him, he then had a cause of action and he came to the court for a declaration that the child/second appellant herein is not a legitimate child born to him in his relationship with the first appellant herein,