False allegations


Hello Everyone,

 

I had donated my sperms to my brother's wife as he was not able to produce children and as it was family I did not insist on get it legalized on paper.  His wife concieved through artificial insemination and had a son.  Recently when I insisted on getting it written on paper and getting it legalized that she concieved through artificial means she is threatening and accusing me of putting rape allegations against me.  She and her parents are threatening me to keep quiet or they will file false allegations of 498a, domestic voilence, rape allegations etc.  Their lawyer had called me and threatened me that he will put me in jail by creating false evidences. I have call voice records, fb messages, whatsapp messages that she and her parents wanted me to give them a child.  Need your precious inputs. 

 
Reply   
 
Lawyer at Supreme Court of India

Sir,

 

Why you want it to be done on legal papers, I mean when they are not disputing things, what makes you dispute things.

 

Warm Regards

Kapil Chandna Advocate

9899011450


Total likes : 1 times

 
Reply   
 


Scientist/Engineer

What do you mean by getting it legalised? How was the artificial insemination performed, was it done at home not involving medical or para-medical personnel or was it done in a doctor's clinic or a hospital? Was it done with the knowledge and consent of your brother? Was written consent of your sister-in-law taken? Are there third party witnesses for the artificial insemination?

What will be their evidence if they were to bring rape charges against you? The child is already born and also may be months or years old. They will have to give reason for bringing rape charges so late. Are they threatening rape charges, domestic violence etc. only if you insist on the 'legalising on paper' or even otherwise?

 
Reply   
 
LEGAL CONSULTANT

Unless there is written consent both by the donor and the receipient, the process of  artificial inseminisation cannot be done.This process is 100% according to the medical and legal laws.Hence they cannot try to force any legal hurdles to U.The donor and the receipient cannot be held guilty of adultery u/s 497 ipc.

 
Reply   
 
legal advisor

you will have documents regarding artificial insemination right.you can use it as a proof along with the recorded statements you have. that will help you if they file wrong case.

also record the threats by their lawyer to file false cases on you.in case if it happens in future you can make complaint on him in the bar.

as they said dont insist on any legal papers.

 
Reply   
 

I was asked to give it in a container and my brother's wife's mother is a maternity nurse and said she will take care of it.  As I thought it was family I never got it written that I donated it.

 
Reply   
 

After donating it they asked me to keep it a secret as they wanted to hide my brother's impotency. I trusted them and gave the donation thinking it will not affect me in the future as they are family, but later I came to know that her character was not good and I enquired about her and  came to know many facts and when they came to know that I came to know everything they started changing to their true colours and started threatening me.  I feared that in the future she may come with the child and so i insisted on getting the truth written and legalized.  When I asked them for that they started to put false allegations against me.  My brother knew about the donation, but now he is not coming into the picture and supporting his wife.  They are also threatening me that they will not allow me to have my share of property. 

 
Reply   
 

Just like you doubt them,  they are doubting your intentions asking everything to be put it down on papers. 

Your brother and the family want everything to be kept in secret for ever. 

The matter probably ends there, you are fully safe unless fate takes the matter for the worse because of your own acts.

 
Reply   
 
LEGAL CONSULTANT

Mr.Warrior,

U have not answered to my reply.

 
Reply   
 
Scientist/Engineer

Some States in India have laws regulating artificial insemination. The laws pertain to donation by unrelated and often anonymonus donors. They also deal with qualifications of medical personnel. But the question of those laws will come only if the donee suffers something.

Those laws do not deal with donation within family among known persons. If you suspect that she is a "loose character" why do you bother about it. If they are now not willing to give things in writing,  leave things as they are. She cannot allege rape after such a long period. She may allege consensual relationship on the basis of false promises. Again the question will come what false promises?  Only your brother can bring false charges of adultery against you. As the truth is known to all implied consents of everyone concerned can be assumed.

If they go to police or court against you, you can bring criminal charges against those who go to police or court  under IPC-499 and 500. Under these sections they can be punished with imprisonment. They may not be knowing IPC-499 and 500. If you make them know those sections, that may be sufficient to deter them. 

There is much debate whether IPC-499 and 500 are reuired in the statute book. At least this is one case where those sections are required. They can make life hell for those accused of. 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
CrPC Course!     |    x