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Extra marital affair with an unmarried women and had a child


One of my Brother's Friend had the below issues and I need suggestions from the experts on this. (Referred as "Married Man", henceforth)

He is a married man with a 11 year old Child. Since 4-5 years, he has been in an extra marital affair with an unmarried girl. The girl knows that he is a married person but still engaged with him. During this period, she got pregnant and girl wanted to keep the baby and a baby girl is born. Now, the baby is 3.5 years old and all the living expenses from starting were borne by the "Married Man" and that girl is also happy with him. The "Married Man" is also doing all his responsibility of child as well as mother. Now, since 6 months she has been dating some other boy. That boy too knows that she had a baby. Now she is deciding to marry that boy. (May be they both planned to grab more money from the "Married Man", since he is a established person).

Now, she is telling the "Married Man" to be away from her and also asking to give a certain amount of money on monthly basis, else she will come with Women Cell to his family and do legal action. Even, the "Married Man" is providing all the monthly recurring expenses, but she is asking more as per her wish and blackmailing him. The Girl child is also admitted to School, and all the expenses were done by his father. The "Married Man" is closely attached to his daughter (the 3.5 yrs Girl child), hence he got mental distress as well.

Now, my queries are as below;

1.) What can the "Married Man" do to get rid of this Unmarried woman? The "Married Man" is providing financial support now, but in future may be she will ask for some big Amount and again blackmail him.
2.) What is the right of "Married Man" on the born Child? 
3.) What that Girl can do legally in this case?
4.) Does the "Married Man" can get custody of the Child (if he wants)?
5.) As per the LAW, what is the legal responsibility of the "Married Man" towards her and the Girl child?
6.) What should the "Married Man" do, so that he will be legally safe in future?

Please advise all the Legal Consequences in this case.


 13 Replies

adv.bharat @ PUNE (Lawyer)     29 March 2017

The act of man amount to bigmy offience in India.


All ingredients available for you to go jail. 7 years.  Nothing less.  Odomos dealer contact.  In jail everything cost double.  Secure one carton of odomos ointment would be my advise.


7 years jail that is punishment, but before order pass, you will have to roam to court for not less than 7 years.  and also pay maintenance to keep and kid. laughlaughlaughlaugh

Mukesh sharma (job )     29 March 2017

Hello here i agree with Bharat sir advice you have no any chance to go out from this and if yu doing illigal work than how  you take help for solve this in legal 

in India if girl file case than he will charge with 375 and 494 as same in  both 



Since the married man didn't marry the unmarried girl, he can't be charged with bigamy. As for the daughter, he has all the responsibilities and rights as if she was his daughter of his wife. Enjoy.

In fact, the married man cannot be charged with anything. No offense committed.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     30 March 2017

The "Married man cannot be punished'. The daughter and her mother on her behalf can have claims over the "Married Man". He cannot dispute his paternity. There is DNA test. The daughter can have rights over the self-acquired property the 'Married Man'. He will have to contest in court for the custody of the child particularly because it is a girl child. The unmarried girl's relationship with another man has to be proved in court to dilute her own claim for compenstion or custody of the child. She can stand for election and win with a thumping majority. Where is the real wife of the 'Married Man' and her children? No one knows as usual.

There is one N. D. Tiwari.



Member has deleted account and you still pushing in repiles is like having s*x with dead body. 

Kumar Doab (FIN)     31 March 2017

Member has deleted the account.

So NO reply.

Rekha Rijhwani   03 January 2019

hello sir
i am also facing the same problem i was having a four year relationship with a married guy and he is married i was also knowing and now when his wife and my parents came to know this he has totally changed his behaviour and putten all allegations on me...That i have forced him to do this and at present my parents are worried that i am not maried and how i will get will anybody marry me if that married guy will spoil my life what will happen please sir help out me...My mother is so aggressive she dont want to leave him she wants to beat him....And i want that some legal action should be taken so as he should be afraid before doing this thing to another as he thrown me like a bee out of a milk... i have lost all my respect in my parents eyes in society and at present i am not working i have worked with ICICI Bank in surat....please sir help me...

vinay_2431 (engineer)     04 January 2019

Hello Guys,

   "ADULT COUPLE  CAN LIVE TOGETHER WITHOUT MARRIAGE "  you fall in this category 

Dear HELPING Hand /Advocate Bharat ji ,

    how is this a Bigamy?


Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 January 2019

You join the Me-too campaign.

vinay_2431 (engineer)     07 January 2019

Hello Ramani Ji,

    @METOO is for celebrities[high profile people] ,common man Cannot/ Will not  get justice  media will not do justice.

make amicable settlement and move on.



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