Extra marital affair with a married womena nd had a child

engineer

Hello All,

    I am involved in an extra marital affait and she has got a child but long back does this scenario come under adultery 497 ? 

Thanks,

Vinay.

 
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Advocate

Section 497 IPC has been declared unconstitutional and void so this will not be covered any more under it.
 
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engineer

If that is teh case then under what sections can the women file a complaint?

Thanks,

Vinay.

 
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Retired employee.

Members can not state on sections she may file case against you.  But, as far as Adultery is concerned, that section was declared unconstitutional.  She may chose Cheating or Criminal breach of trust or any other crime, as per her Advocate's opinion/guidance.

 
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advocate.dma@gmail.com

No case is made out, if she was married at the time of conceiving. But how are you so sure about that child?
 
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engineer

Well Sir,

  The women said it out.may be True  [if we do a DNA test we will know the truth scientifically]

Rgds,

Vinay.

 
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Don�t make mistake of dna test - if it turns out that child belongs to you - she will immediately claim that you had committed rape against her consent and she could not come forward with truth because of shame. Then you will sit in jail till case runs in court for 10 years. It is hard to prove or disprove such claims and court/police are required to believe woman�s story prima facie.
 
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engineer

Hello autohide,

   what you said is true, but did the shame stop her for 16 years? is that practical?

the women celebrated several customs to the kid with her husband as father at her in-laws place, and she is enjoying all of her husband's property. she went to many family trips and did several customs in the village along with her husband and kid.

  so how can you prove or disprove that happened 16 years ago? how is this a case first of all as she is a married women at the time when she concieved? all these years she has been telling to outside world that her husband is the father . how can she prove that she DID NOT give her concent to me 16 years back? as she is the one who is going to file case she also needs to prove that she has a valid case correct?

Thanks,

Vinay.

 
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engineer

Hello AutoHide,

   If we have to consider your scenario then every prostitute can file a case on her customer and extract money from them and send them to jail.

  then why all this sections about affairs? [497 etc etc..]

Rgds,

Vinay.

 
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This is exactly what happens. Once any relationship goes sour with husband or lover the matter automatically becomes dowry or rape. In both such matters law is biased to women and every woman will use it to her advantage. This is reality of living in India.
 
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