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SUNIL (SOFTWARE ENGG)     12 October 2012

My wife had sex with another person and given birth to ababy

My wife cheated me. She had done s*x with another person and has given birth to a baby. I came to know that. My question is that why will I have to still take care of that baby ? what is the rule? Does still I have to take care of that baby? Does still I have to bear all future expenditure(like future education fees etc.) of that baby? That person should bear all the ependiture of the baby. Isn't it? WHAT IS THE RULE? Does still I have to take care of that baby? Does still I have to bear all future expenditure(like future education fees etc.) of that baby?



Learning

 14 Replies

SUNIL (SOFTWARE ENGG)     12 October 2012

IN THAT CASE WHAT WILL HAPPEN?IS THAT MAN(WHO HAVE SEX WITH MY WIFE) HAVE TO PAY ALL THE FUTURE EXPENSES OF THE BABY?

498 A fighter (Advocate)     12 October 2012

If you love your wife then bear it , just orget her as her's firs mistake , if she is not loving you or deciving you then dont wait for her second mistake. otherwise you have to bear for second and third and so..........on babies.

just apply for DNA test on character base you can apply for divorce. get rid of her an marry a nice decent girl as soon as possible.

Advocate M.Bhadra   12 October 2012

File a criminal case u/s.156(3) Cr.P.C.in Judicial Magistrate Court and also file a Divorce suit in Family/District Court.

Ranee....... (NA)     12 October 2012

When?

How ?

Where were you at that time?

How can you say so confidently that the child is not yours?

Pankaj Rai (Lawyer)     12 October 2012

you may file a divorce petition  mentioning all facts.

Tajobsindia (Senior Partner )     12 October 2012

1. What you are alleging you have to take its stock value very seriously by proof beyond reasonable doubt otherwise it will boom back seriously on you.

 

2. In any case till the marriage is alive one has to remember that relationship   between the parents may not be sanctioned by law but the birth of a child in such relationship has to be viewed independently of the relationship of the parents. A child born in such relationship is innocent and is entitled to all the rights which are given to other children born in valid marriage such as maintenance, education, food, and medical and if girl child then marriage expenses too etc. etc.

 

3. At this stage I suggest find out the DNA imprint by means of off the record (means from private lab tests it costs somewhere around 18 K each) and then come back here for next step under civil and criminal Laws instead of first worrying about the money part which anyhow you have to give either today or tomorrow till your wife in future post civil divorce from you remains un-married. But all these are too time consuming and it is first suggested ot get proof before launching case.

{Also there is no need to reply to time pass enquires some time pass person ask here like above time pass person which are all irrelevant at this stage;

When did it happen
Where you in office or at home or in park
Was it cold night or warm night
What he wearing
What she wearing
Was it moon night or black night or candle night etc.

Were you under the table or under the bed so on so forth these idiots ask here to sprinkle chilies to your hurt cause title post}.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 October 2012

1. You can seek divorce on the grounds of adultery on the basis of your wife's infidelity - the child's DNA reports would help you get that. You can contemplate getting a private DNA just to be sure before you plunge into anything. 

2. You can criminally prosecute your wife's paramour under section 497 of the Indian Penal Code by filing a criminal complaint.

3. Any child born within during marriage is conclusively considered the legitimtate son of his father - however this presumption is not attracted, as per a recent Kerala High Court ruling (2012) if a DNA test proves that the child is not the biological son of the father.

 

Feel free to talk !


Bharat Chugh

*Advocate Supreme Court of India

1 Like

Ranee....... (NA)     13 October 2012

Originally posted by : Tajobsindia

1. What you are alleging you have to take its stock value very seriously by proof beyond reasonable doubt otherwise it will boom back seriously on you.

 

2. In any case till the marriage is alive one has to remember that relationship   between the parents may not be sanctioned by law but the birth of a child in such relationship has to be viewed independently of the relationship of the parents. A child born in such relationship is innocent and is entitled to all the rights which are given to other children born in valid marriage such as maintenance, education, food, and medical and if girl child then marriage expenses too etc. etc.

 

3. At this stage I suggest find out the DNA imprint by means of off the record (means from private lab tests it costs somewhere around 18 K each) and then come back here for next step under civil and criminal Laws instead of first worrying about the money part which anyhow you have to give either today or tomorrow till your wife in future post civil divorce from you remains un-married. But all these are too time consuming and it is first suggested ot get proof before launching case.

{Also there is no need to reply to time pass enquires some time pass person ask here like above time pass person which are all irrelevant at this stage;

When did it happen
Where you in office or at home or in park
Was it cold night or warm night
What he wearing
What she wearing
Was it moon night or black night or candle night etc.
Were you under the table or under the bed so on so forth these idiots ask here to sprinkle chilies to your hurt cause title post}.

Tajobsindia you adviced the author to get proof.Why ?if u find my answers timepass?

If the person was co-habitaing with wife then what ground he can say it is not his child?

When did it happen
Where you in office or at home or in park
Was it cold night or warm night
What he wearing
What she wearing
Was it moon night or black night or candle night etc.
Were you under the table or under the bed so on so forth these idiots ask here to sprinkle chilies to your hurt cause title post}

wow..great imagination!!tusssi great ho!


(Guest)

ranee.....dont get emotional , dil pe mat le yaar !!

stanley (Freedom)     13 October 2012

@ author Crpc 125 b. states that  his legitimate or illegitimate minor child, whether married or not, unable to maintain itself,

Hence you have to bear all the expenses . 

@ Ranee what Mr Tajobs has said is right that the author has to take stock value with proof hence the DNA test suggested !! Only after this can he seek all legal options like suing and filing for Divorce etc .

Zeeshan (Hidden)     13 October 2012

My advice is, If you are very confident and if there is no alternate left, then reach court before her. Otherwise if she reach you may in serious trouble like of 498a, dv etc.etc. and you have to give interim maintenance until cases going on, plus answers to various porsons lice CAW, Police station, judge(for bail), mediator. Although nothing has any legal value until case reach end. Noone ask anything from your wife.

 

If you reach court first then situation may favour you a little bit. 

Do not reach police with a letter stating that this is for information purpose. If possible ask them to write FIR of yours. Nothing less then that help you.

Good luck..........

Zeeshan (Hidden)     13 October 2012

Onething nore, donot think weather youcan proove your wife's adultery or not just file the case.

Ranee....... (NA)     13 October 2012

@Stanely

this query is been asked in expert section also.Please go through that for more facts of the query.

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@SUNIL,

throwing legal queries in internet rather you ought to google DNA ..


(Guest)

ha ha ha ..

Sunil,

why doubt wife?;)

Tera wohwala capacity nehi hain kya?:P:P

 

@Tajob,

you never miss a chance to reveal your spicy old mind!

 

sudhar jaa, ab bhi der nehi hui..


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