My wife had sex with another man and given birth to a baby
SUNIL
(Querist) 12 October 2012
This query is : Resolved
My wife cheated me. She had done sex with another person and has given birth to a baby. I came to know that.
My question is that why will I have to still take care of that baby ?
what is the rule? Does still I have to take care of that baby? Does still I have to bear all future expenditure(like future education fees etc.) of that baby?
That person should bear all the ependiture of the baby. Isn't it?
WHAT IS THE RULE?
Does still I have to take care of that baby? Does still I have to bear all future expenditure(like future education fees etc.) of that baby?
PLEASE TELL ME.
WHAT IS THE EXACT RULE? IN THAT CASE IS THAT MAN (WHO HAS SEX WITH MY WIFE)HAVE TO BEAR ALL THE FUTURE EXPENDITURE OF THE BABY??
R.K Nanda
(Expert) 12 October 2012
u r not liable for any type of expenses for
that child.
SUNIL
(Querist) 12 October 2012
TO MR. R.K.NANDA
IN THAT CASE IS THAT MAN(WHO HAVE SEX WITH MY WIFE) HAVE TO BEAR ALL THE FUTURE EXPENDITURE OF THE BABY?
WHAT IS THE RULE?
PLEASE REPLY
R.K Nanda
(Expert) 12 October 2012
yes,that man has to bear all expenses.
u better file divorce petition on adultery ground in family court asap.
SUNIL
(Querist) 12 October 2012
THANK YOU SIR
Ms.Nirmala P.Rao
(Expert) 12 October 2012
Dear Client,
If you can prove through DNA Tests that the child is not yours you don't need to pay anything for the child's expenses. If you don't love your wife, you can file a divorce case against her on the ground of Adultery and the man who has committed adultery with your wife.
Ms.Nirmala P.Rao
Legal Expert and blogger through www.wizard-legal25blog.com
Sudhir Kumar, Advocate
(Expert) 13 October 2012
Nothing left to be added by short and complete description by Ms Nirmala Rao
Dr G V Rao
(Expert) 13 October 2012
DNA evidence is considered as proof of adultery only if Mr Sunil can prove by convincing evidence, that he did not have access to his wife atleast 280 days before the birth of the child. In other words he has to prove that he had no access or opportunity for sexual intercourse with his wife for more than 280 days before the child was begotten. A reading of the Judgement of the Apex Court in Smt. Kamti Devi & Anr vs Poshi Ram (2001) 5 SCC Pg.311 will give Mr Sunil the legal position. As a DNA analyst and with experience of deposing evidence in DNA cases, I can opine that unless Mr Sunil has concrete evidence he cannot hope to get an application for DNA test passed by a Family Court. Mere doubts or suspicions have spoiled families and future of children and DNA test is not a sure-all and 100% correct method and their are several cases where false positives have been reported.....
V R SHROFF
(Expert) 13 October 2012
A child born out of your Wedlock is your child.
It is irrelevant and all DNA & even confession by both is useless as law is very clear.
There is no provision in law, even if biological father differ. As per Law, you are the Father of the Child, and u r Legally bound to maintain the child, now and in future & after divorce too.
Only exception is when husband is able to proof that he did not have access to the mother for a period of 280 days prior to the birth of the child. Burden of proof is on father.
J K Agrawal
(Expert) 13 October 2012
Mr Shroff is correct. There is presumption that if you have consummated even for once around the period when the child could have been begotten, or I say even you did not consummated your wife in that period but you were having access up to her, it is a conclusive proof that you are father of that child. He is entitle to inherit even your property. Section 112 of Evidence Act is applicable.
SUNIL
(Querist) 13 October 2012
no actually what happens ....
I sex with my wife. she was preagnant.but when she was preagnant another person sex with her.
so why I will give all the expenditure of my baby?
that person should bear all the expenses because when my wife was pregnant that person sex with my wife.of course my wife was preagnant by me. BUT WHEN SHE WAS ALREADY preagnant that time another person sex with my wife.so that person was done the last intercourse with my wife.
so that person should bear all the expenses of my baby.Isn't it?
V R SHROFF
(Expert) 13 October 2012
Sunil, Whu r u so generous??
Why don't you punish that man??
Or you consented and co-operated both that act??
& u also know who is the father!!!
K.K.Ganguly
(Expert) 13 October 2012
Your first posting was confusing. It appeared that you wanted to mean that your wife had s*x with another man because of which a child was born. You are now saying that she was already carrying your baby when she had s*x with other man & your logic is that since she had s*x with the other man before giving birth to your baby, you should not bear the expenses for the Baby.
I could not understand the logic.
He is your Baby & you shall have to bear all the expenses for him at present & in future.
SUNIL
(Querist) 13 October 2012
To Mr.K.K GANGULY
But other person's blood will also mix with the child's blood as he had done sex with my wife. Isn't it?
WHEN MY WIFE WAS already PREAGNANT THAT PERSON SEX WITH MY WIFE. SO, HIS DNA ALSO WILL MIX WITH THE CHILD.ISN'T IT?
K.K.Ganguly
(Expert) 13 October 2012
No.No.No. Blood does not enter into the womb while having s*x. Some thing else entered, which you know, in your wife's body to fertilise the egg. In you case the Baby was already formed. He was a separate human entity already formed. Nothing could enter in to his body when your wife had s*x with the other man.
Strangely, your only question is regarding non payment of expenses but not about filing case against your wife or that man. I am curious to know, how did you come to know that your wife had s*x with that man?
SUNIL
(Querist) 13 October 2012
MY WIFE HAS AN AFFAIR WITH MY DRIVER.
MANY TIME I WANT TO TAKE A NEW DRIVER. BUT EVERY TIME MY WIFE OBSTRUCTED ME.
MY WIFE LOVED HIM SO MUCH THAT SHE SOMETIMES SHE TAKES LUNCH WITH HIM WHEN I AM IN OFFICE.
Guest
(Expert) 13 October 2012
You have repeated the query by opening an independent thread also at:
http://www.lawyersclubindia.com/experts/My-wife-sex-with-another-person-when-she-was-pregnant-345536.asp
On that thread also you have tried to raise, such a useless and senseless question of mixing up of DNA of the baby by sex by other person during pregnancy of your wife.
I may repeat my reply here also as follows to make you understand that if you continue extending the thread by such a nasty queries, you would only be exhibiting to the community members, what type of a confused person you are.
EXTRACT of my reply at your other thread:
"It seems you have merely heard the word of DNA just for name sake, but do not know what the DNA is and how that is formed and importantly related to the real parents of a baby."
"It further seems, as if you want to get rid of your wife somehow or the other with lame excuses, like sex with another person, mixing of blood and DNA of another person with your baby, etc."
"DNA is not a thing that can be mixed with any thing else at any stage right from the time of formation of the baby in the womb till his/her end of life."
"You could better have consulted with some gynacologist doctor before posting your doubt about DNA here."
"For your knowledge, there is no source of supply of blood or feeding to the baby, except through an umbelical chord, known as placenta, which is the sole link between the mother and baby to supply blood, oxygen and other nutrition in the womb."
"You clearly seems to be confused."
IF YOU HAVE A PROOF OF AN AFFAIR BETWEEN YOUR WIFE AND THE OTHER PERSON, YOU WOILD NEED TO PRODUCE THAT IN THE COURT OF LAW, BUT UNLESS THE BABY IS PROVED TO BE THE PRODUCT OF THAT PERSON, LIABILITY OF THE MAINTENANCE OF THE BABY WOULD BE YOURS ONLY.
JANAK RAJ VATSA
(Expert) 15 October 2012
focus on the course of legal action you intend to take against your wife and your driver
