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Sara (xyz)     23 October 2011

How to punish a man who gave me a child

Dear Friends,

I happened to meet a man who was married, and told me the otherway..I was attracted towards him & started dating. I invited her couple of times at my place & I also visited his place once for three weeks along with my daughter (7 years) this was all happened in 2006. I got physical with him & gave birth to a child in 2007. Now he has broken all ties with me since 2007. His wife & family can file suit aginst me that I am breaking his family.

Please advice what can I do? I hav no proof of my marriage...I lived with him for three weeks...he used to give money whenever I needed. Can all these things help me to get maintainence of our child...how can I punish him..shall I initiate the case/ Thanks



Learning

 14 Replies

Aashish Satpute. (student)     23 October 2011

u should file a criminal compliant against that person under sec497 of indian penal code.

see also.......

1-S.P.S. Balasubramanyam Vs. Suruttayan @ Andali Padayachi & Ors. AIR 1992 SC 756, this Court held that if man and woman are living under the same roof and cohabiting for a number of years, there will be a presumption under Section 114 of the Evidence Act that they live as husband and wife and the children born to them will not be illegitimate.

2-S. Khushboo Vs. Kanniammal & Anr. JT 2010 (4) SC478, this Court, placing reliance upon its earlier decision in Lata Singh Vs. State of U.P. & Anr. AIR 2006 SC 2522, held that live-in-relationship is permissible only in unmarried major persons of heterogeneous s*x. In case, one of the said persons is married, man may be guilty of offence of adultery and it would amount to an offence under Section 497 IPC.

1 Like

Sara (xyz)     23 October 2011

Thanks Ashish,

But I stayed with hime only for few weeks that to 5 yeas ago..may be if Landlord is alive can witness in Mumbai..I stay in Delhi..will 497 will help ...this type of insedence happened with me twice as I two sons from different father..he too ran away leaving me without marriage..how to get maintaince from both..??

parveen gulia (lawyer)     23 October 2011

yes there provision in cr.p.c under sec.125 but you must proved that he is yours husband.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 October 2011

Your story seems to be after thought.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 October 2011

It might not be an afterthought. We all make mistakes under emotional blindness.

 

And though there is no case made under any other act, you can get maintenance for your child.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Sara (xyz)     23 October 2011

Thanks Shonee...how to go about it..how to prove..the paternity of the child & how much time will it take? Thanks Any other casae can be made against him

Aashish Satpute. (student)     23 October 2011

paternity of the child will b proved by going through some medical test....

1st u should file criminal complaint against these people......it hlps u alot....

adv. rajeev ( rajoo ) (practicing advocate)     23 October 2011

File a maintenance case, if he denied that the babay is not his then you can prove it by DNA test.

Adv. Subhadeep Saha (Lawyer.)     23 October 2011

Your child is entitled to get maintenance from that person u/sec.125 CrPC. but neither you nor the wife of that person can file a criminal case of adultery u/sec.497. it is out of question. adultery is an offence against husband & only a husband can file a complaint for adultery. you may file a complaint for cheating u/sec.415 IPC against that person. mere 3 weeks stay also does not raise any presumption of marital relationship under any law. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 October 2011

I agree with other experts about CrPC 125 and proving the paternity of the child.

 

However, adultery can not be filed.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Sara (xyz)     24 October 2011

Thanks Shubhadeep Sir,

Following points are going against me:

  1. Delay in filing a case ( 5 years), 
  2. My earlier criminal suit filed to my ex husband is known to him. He can use that record & prove me that I deliberately do all these things.
  3. He has no Property in his name.
  4. He is unemployed.
  5. Please suggest how fair chances to get allimony I stand...
  6. Also what Cr Case can I put to get punishment    Thanks

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 October 2011

The man is liable to pay maintenance to the child irrespective of whether he is employed or not.,

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


(Guest)

Why did you not use a condom when you were living with him as a live in for three weeks?


(Guest)

He won't subject himself to a DNA test and DNA fingerprinting can fail in any case. Attached is a PDF file.


Attached File : 141100 219973 47 danafingerprintingcanbewrong.pdf downloaded: 72 times

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