Paternity
Oravi
(Querist) 27 August 2016
This query is : Resolved
sir,
I'm a married man since 2006.
When i was been to chennai in august 2014, i had an affair with a unmarried girl and since we never met after.
In 2015, she contacted me to annonce that she is going to give birth to a child. Obviously it is mine. I asked her to go to my friend's city at karaikal for the birth and she gave birth to a female child.
She asked to take care of the child since her birth and i accepted. She returned to Chennai since then.
Now the child is 18 months old and she wants that i recognise the child as a biological father.
Now all my family learned about this adventure.
What should i do?
Ms.Usha Kapoor
(Expert) 28 August 2016
If you've any property the child is considered legitimate and inherits your property whether ancestral and self acquired if you die intestate. Except that this other woman with h whom you've done sexcapades can never expect to become your wife until your first is dead. In the eye of law she is a mistress.consult your family and if you enjoy good rapport with your wife and parents etc seek their advice also as to how to arrive at a solution to this problem.The girl with whom you'd affair is doing any job>? Anyway she can'tr get any maintenance. You;'ve to pay MAINTENANCE TO YOUR CHILD BORN TO YOUR OTHER WOMAN WHO HAS GIVEN BIRTH TO YOUR CHILD. i If YOU DON'T HAVE CHILDREN THROUGH FIRST MARRIAGE CONVINCE YOUR WIFE TO ADOPT THE CHILD OF THE OTHER WOMAN.As per law odf Bigamy and Adulatory if a married man + unmarried woman have sexual intercourse they are not guilty of both the offenses. But the second marriage with the unmarried woman or affair with whom you have had a re;relationship is merely a mistress and even if you marry her it is a null and void till your first marriage is dissolved or f your first wife is dead etc. Hence she doesn't/other woman have any legal rights over your property whether ancestral or self acquired.But under Section 125 Cr.P,C or Hindu Adoption and Maintenance Act as the child is deemed to be a legitimate child you must pay maintenance to her.
P. Venu 
(Expert) 28 August 2016
There are no legal issues involved. The dilemma is moral. Only those who are involved, your family members and the other woman, alone can sort out the issue.
Rajendra K Goyal
(Expert) 28 August 2016
Whether the girl has claimed any rights?
Whether she has got proofs regarding your relations?
Whether the said girl has any proofs to prove that the child is yours?
Discuss full situation with local lawyer / try to have amicable solution.
Oravi
(Querist) 28 August 2016
She wants that i recognise before a notary or a lawyer. She talked about "acknowledgemnt of paternity" affidavit. How it works? She wants the child to ne l�gal and i have to take care of her �ducation!
Oravi
(Querist) 28 August 2016
She wants that i recognise before a notary or a lawyer. She talked about "acknowledgemnt of paternity" formalities. How it works? She wants the child to ne l�gal and i have to take care of her �ducation! I want to recognise.
Kumar Doab
(Expert) 28 August 2016
If you like you may read about publications on N.D.Tiwari case!
You shall be clear.
You were in physical relation with a woman, you have fathered a child and certainly you have some responsibility.
Rest you, your own conscious, your own family, your own counsel can help and support you further.
Kumar Doab
(Expert) 28 August 2016
The point is that you should at look at both sides.
The woman has asked you.
You are probably popular in your family, within your own walls.
You can be popular outside family.
Kumar Doab
(Expert) 28 August 2016
You have sought suggestions.
The relationship mat be as good as marriage, live in relationship etc etc .
Think about setting a corpus, trust, etc to take care of financial/household/medical/educational needs of your child and mother of your child.
Kumar Doab
(Expert) 28 August 2016
The above are mere suggestions.
You alone would know full facts.
You alone shall have to decide.
You alone would if you decline, what are the implications, waiting for you.
Rajendra K Goyal
(Expert) 02 September 2016
Author need to think and follow on the suggessions from senior expert Kumar Doab.
Oravi
(Querist) 03 September 2016
Dear Lawyers,
I think that I'm not clear in my expressions.
I decided to take care of the child there is no problem.
if she files a paternity suit what should i do? I don't want this, i don't like to go to the court,etc.
My question : Is there any voluntary acknowledgement of paternity before a notary or lawyer or judge?
Thanks everybody for your reply and your reflections !
Guest
(Expert) 03 September 2016
Mr. Oravi,
You may continue with your adventure.
There is no relevance of your assumption, "if she files a paternity suit what should i do? I don't want this, i don't like to go to the court,etc," till she actually files a suit.
Si is irrelvant your question, "Is there any voluntary acknowledgement of paternity before a notary or lawyer or judge?"
A question arises, voluntary acknowledgment for what purpose, when you continue with your adventure, as your family mmbers already know about your patermity.
Kumar Doab
(Expert) 03 September 2016
Subsequent to your query, the posts by experts are self explanatory.
You may discuss with your own counsel about written admission/acknowledgment, agreement etc..................
