we both are divorcee and started living together around 6 month, we had a child from this relationship ,( I am doubt that child is not mine).now without any reason she lodged 498a/406/323/341 against my family .police exclude all name and put my challan in court.now she filed crpc 125 against me my mother recieved notice of it. but we are not married .I am ready to give maintaince but not agree to consider her as my wife on the grounds of no marriage.also I want DNA of that child .should I wait for 2nd notice. what to do help me
Section 498a apply to married couple, if she is not your wife the charge u/s 498a IPC fail however charges u/s 406,323,341 IPC still can be made against you.
Section 125 CrPC can also be defended on the ground that she's not your wife nor the child your legitimate child, however the court will decide these issues on the basis of evidence. For proving the marriage, she require evidence of marriage ceremonies but for legitimacy of the child the DNA test can be sought to be conducted on the order of the court.