It is not proof of marriage 

2) father name cannot be removed from BC 

3) To prove bigamy under Section 494 of the IPC, the first spouse must provide strict proof that a second marriage was solemnized with essential religious rites (e.g., Saptapadi for Hindus)

4)  Living together and having a child, while evidence of a relationship, does not meet the legal definition of a "marriage" unless ceremonies were performed. 

1. Bigamy is no longer a criminal wrong under BNS. Merely mentioning the father’s name in a child’s birth certificate, Aadhaar card, or school records does not constitute legal proof of marriage under Indian law. These documents are meant for identification and parentage, not for determining the marital status of the parents. Courts have consistently held that a valid Hindu marriage must be proved by evidence of solemnisation in accordance with law (ceremonies under Section 7 of the Hindu Marriage Act or valid registration). Therefore, stating yourself as the father of a child born from a live-in relationship does not, by itself, amount to an admission of a second marriage or bigamy, even if your first marriage is subsisting and divorce proceedings are pending.
2. There is also no general requirement or easy mechanism to remove a father’s name from a birth certificate unless there is a paternity dispute or a court order.
3. If any issue arises in the future, you can rely on the settled legal position that such documents are not proof of marriage and produce evidence showing that your first marriage was subsisting and divorce proceedings were ongoing.
4. Don’t make any wrong claim that you are husband and wife.
5. The child’s legitimacy and rights to education and welfare are protected in law, irrespective of the parents’ marital status.

Mentioning your name as father does not constitute a second marriage. Bigamy under Indian law (Section 494 IPC) requires proof of a valid second marriage ceremony performed during the subsistence of the first marriage. Courts have consistently held that paternity, cohabitation, or a live-in relationship—even with a child—is not equivalent to marriage. Recording father’s name only establishes biological paternity and responsibility toward the child, not marital status with the mother.

Birth certificates, Aadhaar cards, school admission forms, and similar records are civil identity documents, not marital proof. They are issued based on factual declarations for the welfare and identity of the child. They do not certify or presume a valid marriage between the parents.

There is no offence in acknowledging your child. In fact, denying paternity or deliberately suppressing the father’s name can later create complications for the child in education, inheritance, medical consent, and other civil matters.

There is also no legal requirement that parents must be married for the father’s name to be entered. Children born from live-in relationships are legally recognised, and such children are not considered illegitimate under Indian law.

Because there is no offence in the first place, the question of removing the father’s name does not normally arise. However, if at any point the mother chooses to remove or change entries, it can be done only through the competent municipal authority and usually requires:

• joint declaration of parents, or

• a court order

But there is no legal necessity to remove the father’s name merely to avoid a future allegation.

Courts have clearly held that live-in relationships and paternity records are not proof of marriage. The Supreme Court and High Courts have repeatedly distinguished between:

• proof of marriage (which requires ceremonies and legal compliance), and

• proof of paternity or relationship (which can exist independently)

Even in maintenance, domestic violence, and inheritance cases, courts require specific proof of marriage—not birth certificates or school records.

For your future legal safety, you should do the following:

• Keep records showing that your divorce case has been pending since 2017

• Maintain evidence that the relationship is a live-in relationship, not a marriage (no wedding photos, ceremonies, registration, etc.)

• Ensure no document anywhere describes the woman as your “wife”

• If ever required, clearly state that the child was born out of a live-in relationship during pendency of divorce

If a false allegation of second marriage is ever raised, the burden will be on the accuser to prove that a marriage ceremony took place, which they will not be able to do merely based on a birth certificate or Aadhaar entry.

In short:

• Mentioning your name as father is lawful

• It is not proof of marriage

• It does not attract bigamy laws

• It is actually in the best interest of the child

• You are legally defensible if any issue arises later

1) Writing your name as the father does not mean you have done a second marriage. A live in relationship is not considered a marriage in law. There is no crime unless a legal second marriage is performed while the first one still exists.

2) You do not need to remove the father’s name from the birth certificate. It only shows who the father is, not whether the parents are married.

3) Courts have said many times that birth certificates, school records, or naming a father are not proof of marriage. Only a proper legal marriage is treated as marriage.

4) To stay safe in future, never mention anywhere that you are married to your partner. Keep papers showing your divorce case is pending and that the child is from a live in relationship.You can safely give your name as father for school admission and other official work.

it’s only legal proof of paternity. For marriage proof marriage certificate is legal proof

1. Will I be accused of doing 2nd marriage if I mention my name as father in any document?
No, merely mentioning your name as the father on a child's birth certificate or school form does not constitute an accusation of a second marriage under Indian law. The offense of bigamy under Section 494 of the Indian Penal Code requires a legally valid marriage ceremony while a prior spouse is living and the marriage is subsisting. Recording paternity is an acknowledgment of biological or responsible fatherhood, not a declaration of a marital relationship. Authorities would need concrete proof of a marriage ceremony to allege bigamy. Your ongoing divorce proceedings are a separate legal matter from your parental acknowledgment.

2. If yes, is there any law to remove father's name in birth certificate?
Yes, the law provides for corrections. Under the Registration of Births and Deaths Act, 1969, you can apply to the Registrar who issued the certificate for a correction. For a significant change like removing a father's name, a formal procedure is required, often necessitating a court order. Typically, a family court would need to be approached, where the matter of paternity can be adjudicated. The process varies by state but generally requires substantiated reasons and legal evidence. It is advisable to consult a family lawyer in your area to navigate this specific and sensitive legal process.

3. If no, is there any verdict saying that this is not a legal proof of marriage?
Yes, Indian courts have consistently held that a birth certificate or Aadhaar card showing a father's name is not proof of a legal marriage. The Supreme Court and various High Courts have ruled that such documents only establish a presumption of paternity or a factual record for identification, not the existence of a marital union. For instance, in Bharatha Matha & Another v. R. Vijaya Renganathan & Others (2010), the Supreme Court clarified that a birth certificate is evidence of birth, not of marriage. Legal marriage requires proof of solemnization under personal law.

A birth certificate is not proof of marriage. It simply records parentage i.e.,  the biological/legal father and mother of the child as reported to the issuing authority. There is no law that says listing yourself as father means you have married the mother or committed bigamy. The courts have held that simply living with someone and having a child does not automatically create a legal marriage under law. The bare fact of cohabitation or presenting yourself socially as husband and wife does not give you the status of husband and wife in the eyes of law. Therefore, your name as the father on the birth certificate does not legally imply a second marriage or attract charges on that premise alone.

Dear client,

It is important to note that merely having your name included in the birth certificate does not amount to committing bigamy. So you will not be accused of committing bigamy. Until and unless, you have committed a second marriage while the first marriage is subsisting, then you cannot be accused of having committed bigamy. The court has clearly by way of several precedents set out the difference between marriage and live-in relationship. So if your relationship is purely a live-in, there is no legal consequence that you have to worry about.

I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

- As per the Supreme Court,  When a man and a woman live together as husband and wife for a long term, the law will presume that they are legally married unless proved contrary.

- Further, the Protection of Women from Domestic Violence Act 2005 provides for the protection, maintenance and right of palimony to a live-in partner, if she complains.

1. A live-in relationship is not a legal marriage under the Hindu Marriage Act, 1955. Therefore, consent of the woman living in a live-in relationship is not legally required for the man to marry another woman

- Further , any document in the absence of the proof of marriage under the Hindu rituals and custom cannot be considered as proof of marriage , and hence you can marry even without her consent. 

2. If you have applied for getting the said certificate then you cannot remove the same , however if this was applied by the said woman then you can move an application for removing the same 

3. As per Supreme Court in the matter of Indra Sarma versus  V.K.V. Sarma held that the relationship between the parties would not fall within the ambit of “relationship in the nature of marriage.

4. You can lodge a complaint against her for taking the said certificate without your consent 

- You can contact me, if further suggestion needed.