If a man discovers that the children are not his biological offspring and files for divorce, the responsibility for child maintenance will still apply if he has accepted them as part of his family (e.g., raised them during the marriage) or if a legal relationship is established (such as adoption). Under the Women’s Charter, Section 70 states that a person who has accepted a child as a member of their family must maintain them, regardless of whether they are biologically related .
As for alimony, it depends on various factors. The court assesses the wife’s financial needs and the husband’s ability to pay. Under Section 69 of the Women’s Charter, the court can order maintenance for the wife based on her contributions to the family and her needs after the divorce . The discovery of non-biological children does not automatically waive the husband’s duty to maintain the wife.
Regarding legal fees, the court typically has discretion in how they are settled. In some cases, the court may order each party to bear their own legal costs, or in contested cases, costs may be awarded to one party based on factors like conduct during litigation or the complexity of the case . There is no strict rule of 50-50; the division of legal fees can vary depending on circumstances.
