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Truth's Warrior (Quality)     28 May 2015

Complicated dispute

Hello Law Experts,

I need your suggestions and opinions in a very complicated family issue that I am facing right now.  I am married for 5 years.  My parents and my younger brother pushed me and my wife out of our ancestral home citing silly reasons.  I took my wife and shifted to a rented house where my wife got pregnant.  Though we shifted my parents especially my mom used to come and harrass my wife mentally.  I ignored  and comforted my wife saying after all they are family and let things go.  I became a father of a daughter and I was living my life happily.  After two years of our marriage my brother's marriage was fixed. All this while I never used to go to my ancestral home as I never wanted to get involved in silly fights.  I stayed away from them, but when my brother's marriage was fixed my parents came down and reconciled with us saying i am the elder brother and I should be there for the marriage etc etc.  I again melted down thinking its family and participated in the marriage.

On the very first night of my brother's marriage they had a fight and they used to fight every now and then.  My brother's in laws and his wife used to frequently call me and complain about my parents and my brother and said my parents and brother were not treating her well.  They demanded that they live separately, i said i will talk to my parents and the elders of the family and finally they lived separately.

After nearly 2 years of their at a family function my wife happened to ask my brother's wife about kids then she told my wife that my brother is impotent.  A few days later she called me and told the same.  I told her not to worry as there are many medical treatments.  I provoked her to inform my parents as well as her parents, but there was no reaction from my parents, they simply ignored it saying these things shouldnt be told outside.  After that she wanted me to impregnante her.  I told her the maximum I can do is donate my sperm as its family.  She agreed and I gave it in a container.  She said her mom is a maternity nurse and will do the needful.  I trusted her and gave it twice.  Later, she told me it didnt work out and she wanted me to give it the natural way.  She said my brother too knows about it and even her parents gave the consent.  I said no.  She called me up and threatened suicide, which I ignored, but two days later i came to know that attempted.  Out of pressure I had to agree and i impregnated her.  Before giving her a child, I just gave a condition that the child should grow in front of me coz I am not a machine for producing kids and that even I have emotions to a child.  She agreed.  She gave birth to a baby boy on sep 22, 2014.

After giving birth to a child she started behaving very indifferently and started changing her colours.  I had a doubt and started enquiring about her through common friends etc.  I came to know that she had multiple affairs with many men in the past and that she was an immoral woman.  Knowing this I was shocked and devastated.  I had given them a child thinking that she was a good woman.  I informed my wife regarding the same.  We realized that we had committed a big blunder.  When I asked my brother's wife regarding the same.  She started threatening me if i revealed it to anyone she would put false allegations against me and my wife.  I kept quiet.  On January 26, 2015 when i asked her to get the child to my place as my daughter wanted to see him, she started picking up a fight with me and alleged that I raped her and blackmailed her.  Even my brother accused me of the same.  I questioned her that if had blackmailed her or raped her why would she carry my child.  She had no answer and they went to her parents home.  A couple of days later her parents called me and came to my parents home and told me that I was the one who gave them happiness and a child etc etc and told me since my brother is impotent I will have to take care of his wife too, which I did not agree to.  After that they constantly kept threatening me and my wife that if we revealed the truth out they would try to harm me and file false allegations against me.

They filed false allegations against me that I posted her naked pictures on FB, which could not be proved in the police station.  Now they are stating that the child is my brother's. I told them to confirm that with an out of court DNA test, which they are denying.  I have all the evidence through whatsapp messages, FB messages that they sent me asking me for a child.

I want a solution for this and want to know whether I can file a case against them without harming the future of the child. 

 

 

 



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 1 Replies

Truth's Warrior (Quality)     28 May 2015

As per common law my brother cannot be the biological or the legal father as he is impotent. Can I file a voluntary paternity ackowledgment petition in the honourable family court? Can i claim custody as the woman is immoral after 5 years or after 3 years?

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