There may be illegitimate parents, not children: Karnataka high court


Bengaluru, Jul 15 (IANS): In a landmark judgment, a Karnataka High Court bench has observed that the law must recognize the fact "there may be illegitimate parents but there can never be illegitimate children.

The bench headed by Justice B.V. Nagarathna striking out the clause prescribed by the Karnataka Power Transmission Corporation Ltd (KPTCL) in this regard, made this observation on Wednesday.

The clause mentioned in the 2011 circular issued by KPTCL maintained that the second wife or her children are not eligible for getting jobs on compassionate grounds, if the second marriage had taken place secretly without the knowledge of the first wife and society.

The petitioner was denied eligibility on compassionate grounds appointment, as it said the second wife or her children were not eligible to get jobs on compassionate grounds.

The petitioner's father, who worked as a lineman, died in June 2014. His application seeking a job on compassionate grounds was rejected by the KPTCL.

Challenging this order, the petitioner had approached the court.

His petitions were not allowed by the single judge bench of the high court. However, the divisional bench allowed the petition and addressed the grievance.

 

 

 

 

 

  

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Comment on this article

  • mohan prabhu, mangalore/ottawa, Canada

    Thu, Jul 15 2021

    A good decision. But this does not go far enough as children have been historically - and even t the present time - discriminated against by the law if they are labelled as illegitimate, particularly in inheritance law and more harshly by society, labelling them as bastards. Even the term "illegitimate"as it relates to a parent, should be changed to "unmarried" or not in "lawful wedlock" - in which case the term "children begotten outside of lawful wedlock" would be the correct description.

    DisAgree [1] Agree Reply Report Abuse

  • Jossey Saldanha, Nallasopara

    Thu, Jul 15 2021

    Good news for Pati Patni Aur Woh ...

    DisAgree Agree [3] Reply Report Abuse

  • k b r, Mangala Uru

    Thu, Jul 15 2021

    it should be mandatory to provide mother as well as father name (both names)... the couple should be considered as ""married" for all practical purposes, such as taking care of "keep" and his children from "keep"...

    DisAgree [1] Agree [2] Reply Report Abuse

  • Suresh, Mangalaru

    Thu, Jul 15 2021

    Pertinent ruling in the context by the Hon'ble High Court Judges of Karnataka. However, from now on there will be many taking it in the right spirit and some with spirit.

    DisAgree [1] Agree [1] Reply Report Abuse

  • Cynthia, Dk

    Thu, Jul 15 2021

    Hats off to you dear judges of our high court. Its a mind blowing news. Why children are to be called "illegitimate" because of the hunger for enjoyment and careless attitude by parents? Let court bring out such important points and educate our people

    DisAgree [2] Agree [12] Reply Report Abuse

  • Greeshma, Mangalore

    Thu, Jul 15 2021

    Off course that's what I would argue too.. thanks God this is addressed atleast.. how can a child be illegitimate without fault of theirs ?? That's ridiculous..

    DisAgree Agree [11] Reply Report Abuse

  • Santan Mascarenhas, Kinnigoli/Bangalore

    Thu, Jul 15 2021

    Three young men went to a restaurant. There were no empty chairs, but in a corner there were three chairs and one old lady was in one chair. They sat there, but thy did not want the old lady near them. Hence,to make her to go from there, one said " I was born before my parents got married". Other one said " I was born two months after my parents got married". Third one said, "That is not great, my parents have not married at all". Instead of moving from there, the old lady said " Will you please,one of you bast--ds, pass on the salt". In future, we have to say "Will you please one of you respectable young men pass on the salt".

    DisAgree [4] Agree [4] Reply Report Abuse

  • Jossey Saldanha, Nallasopara

    Thu, Jul 15 2021

    No much relevance with the post bro. Probably you didn't understand that the Hon. Judge said that the children borne consequential to illicit relations of adult male and female cannot be treated as illegitimate as it is none of the fault of the child....... Mera desh badal raha hai.... Jai Hind.

    DisAgree [2] Agree [9] Reply Report Abuse

  • Santan Mascarenhas, Kinnigoli/Bangalore

    Thu, Jul 15 2021

    But, Jossey. don't you think, all the above three category of young men are born out wedlock and are of illicit relation ? As you said, yes, only the instances referred in the above article are different. Thank you.

    DisAgree [2] Agree [1] Reply Report Abuse

  • Santan Mascarenhas, Kinnigoli/Bangalore

    Thu, Jul 15 2021

    Please read as "don't you think above three young men are born not out of wedlock"

    DisAgree Agree [2] Reply Report Abuse

  • Kudla Stories, Kudla

    Thu, Jul 15 2021

    Thats a brilliant observation and absolutely correct

    DisAgree Agree [8] Reply Report Abuse


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