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Truth's Warrior (Quality)     23 April 2015

Illegitimate child visitation rights

Hi Dear Members,

Can a biological father fight for visitation rights or custody of his illegitimate child for the welfare and future of his child as he found out that the mother was immoral and has had multiple affairs with many men?? 

 

I have a close friend of mine who impregnated his sister-in-law as she told him that his brother was impotent and that his brother agreed for her to have a child from my friend.  My friend agreed on the basis that the child should grow in front of him and allow him to visit the child.  After having a child she changed her colours and started to keep the child away from him.  When he questioned his sister-in-law and brother falsely accused him of raping his sister-in-law and threatened that they will put false allegations against him if he revealed the truth or if he came to see the child.  Even his sister-in-law's parents and his parents knew about it but now they are all threatening to file a case with false allegations.  They already filed a complaint against him that he posted her obscene pics on FB, but it was not proved and he was let off in the police station.  

 

My friend has all the evidence to prove what he is saying and that she emotionally blackmailed him to give a child.  Evidence of whatsapp msgs, FB msgs, SMS, voice records, etc.

 

My friend also enquired about her and found out that she has had multiple affairs with many men and collected evidence for that too.

He is now worried about the child's future.  He revealed everything to his wife and wants to claim custody of the child now.  I have read and researched a lot on this, but as per Indian law the mother is the natural guardian of an illegitimate child and that if the child is born within a wedlock the biological father has no right.

 

My questions are:

Can my friend prove it in the court with the evidence about the truth and claim visitation or custody of his child for the welfare and future of his child?

 


Learning

 6 Replies

saravanan s (legal advisor)     23 April 2015

the husband of the woman might also drag you into adultery case where there wont be any punishment to his wife but you might be subjected to imprisonment for five years for committing adultery u/s 497 ipc. my advice is just forget about the child and carry on with your life.dont get into unnecessary trouble.i feel this could be a tactic used by them to extract money given the fact that she is having multiple affairs

Truth's Warrior (Quality)     23 April 2015

Hi Sarvanan Sir,

My friend also has evidence that it was done with his consent and if so cant they booked under Section 420?

Truth's Warrior (Quality)     23 April 2015

or can he file sections 420 for cheating him, section 506 for criminal intimidation as they had threatened him, section 499 for defamation as they accused him of posting her naked pics in FB and whatsapp and as it was not proved in the police station??

saravanan s (legal advisor)     23 April 2015

you cant file 420 case but as far as defamation case is concerned as per your statement i assume that it has been solved in the police station through mediation so you cant file that also

Truth's Warrior (Quality)     23 April 2015

Sir does it mean that there is no section in the Indian law to sue them inspite of having so many evidences?

Truth's Warrior (Quality)     23 April 2015

Can his wife at least file a case of mental harrasment and torture against them?

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