Regarding kid out of bigamy or adultery

your message shows a malice intention of your friend. you made the statement  "she said over phone she married some other men, my friend recorded the conversation".This statement alone give rise to many suspicions viz.

1.your friend's intention to record the conversation?

2.was it a way to get rid of unwanted wife?

3.Did your friend confirm and got it proved beyond doubt 'she has married to other person'.

3.why you didn't lodge FIR(if you found point number 3 true),sending letter to  police means there was intention to 'get all things in favor'

And,how your friend knowing that bigamy is a criminal offence,he married to other lady.

Your friend should be thankful to his wife(as per your story) as she has yet not taken legal action or your friend would have been in jail.

Hello Madam, He is not married another woman, but he is having kid through IVF with other woman, Your question is strange, it was recorderded over normal conversation, any one who listens diligently can understand the same, she said she married. My friend was not interested to file case against her, because he thought, it is waste of time to fight with her.

@kanni...

Unless you know the gender of a person,learn to call by name.FYI, it's 'sumitra' same like krishna or 'Rama','Ravana','Karma' and so on(hope you get the point).

Now,Coming to your second comment,I recommend you to read your own message carefully.Let me reproduce some part of your message.

"also he got another son through the second marriage using IVF"

Now is it wise to blame me to get your message as i got earlier? Does this statement makes it clear that you don't mean 'your friend has not married another woman'?

And last but not the least, my questions still remain same.

And my answer is still that you have committed an offence.

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Kanni, in your first post you said he is married to second wife without any hindu rituals.That means after that they are living as husband and wife.Your friend has done cruelty to his wife and he has committed bigamy.But his son has no fault.Legally he can enjoys all the rights that a child from valid marriage can avail.

Dear Querist,

In my opinion - 

i) Since there were no ceremonies and no formal marriage - your friend is not liable for bigamy or adultery(criminal), his relationship with second lady is merely a live-in, the child also is illegitimate (though entitled to maintenance but no inheritance rights)

ii) The first wife can only seek to take divorce on grounds of adultery, nothing further. 

 

Best,

 

 

Bharat Chugh

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

Dear Bharat Chugh,

Thanks for the reply, The core point is, The kid with the second woman is through IVF / ICSI, which is Testtube baby not by Physical relationship, and in the birth certificate of the child, my friend name is mentioned as father name. Also due to ICMR regulations, only Husband can donate sperm or sperm should be received from Sperm bank for woman to conceive by IVF or ICSI, so in the form given in the Hospital i signed as Husband, so as to hospital accept my sperm, At this context,

The first wife receives records from hospital or School, can she initiate legal proceedings ? First wife and me seperated for 7 years, 

 

At Ranee

Can you tell, how it can be called as bigamy, because there is no such customs,

rituals followed as marriage, Therefore the core issue is aabout the child out of second woman, can you answer on that ? 

 

@kaniappan,

i had raised this query a few days back on similar issue. Check the link

https://www.lawyersclubindia.com/forum/Child-out-of-live-in-relationship--70120.asp#.ULnovuSE0go

Donating sperm to another woman should have the consent of wife, otherwise it is considered as adultery.

Even though there is no legal marriage document, I think that bigamy may be proved if the husband & his second wife freely comes around the society attending and declaring themselves as husband and wife in public places which are attested by witnesses.

 

 

@ Author,

I agree to wise advise of Ld. Bharat. I don’t agree to @ Sumitra Kumar probing questions in legal forum where one should not sit as Judge to a queriest query is my view. Further one should stay away lecturing a queriest with morality as it is nobody’s case for a simple reason our times and queriest times morality / social ethos there could be generation gap and same is universally in catena of judicial decisions acknowledged by more then few dozen activist ld. Judges!

To value add to what Ld. Bharat advised, it is good your friend's wife has filed various criminal cases. All your friend now carefully has to do is to turn those criminal complaint into mediation meetings and plea bargain where in they both will get divorce and most probably to protect both the live-in and so called illegitimate child rights' he will be asked to meet slightly more alimony to his wife.

Now how he plays his cards to turn pending cases into mediation proceedings is his Advocates ball game / expertise.

[Off the records your inked query went one step ahead as in un-clear Law and thankfully society today it seems is evolving much faster then I forecasted when I inked my reply to @ Nanda’s post just a week ago J]

@ Nanda

Thanks a lot for reply, But this case of my friend gone a head signing all docs for donating sperm, because hospital does not give freedom to get sperm from ny known Friend, either he has to be her husband or from any sperm bank, i guess.

So my friend signed in doc as Husband and donated to get child, child is 2 yrs old now, however we keep things safe there is possibility to know the child when he goes to school, possible to get records from school to know father,  by which one can dig out hospital and record on which he signed as husband.

Do this record will confirm adultery ? and you mentioned sperm donation without consent of wife is adultery looks odd.

I think ICMR suggests, there should consent of spouse for donation, but, violation, does not mean adultery, if you are sure, can you send me the link. 

Again, my friend has voice recording under natural conversation of his wife, she confesses her affair, my friend sent this conversation and complaint to police by Regd post, just for intimation.

my friend did not want to take further action on this regard that time, because he was alone, need to go for job, cannot fight on this matter, again his first wife is daughter of influenced person, also her father is an advocate.

Allow me to put forward my views other than what @ Nanda may independently apply his mind and later may reply to your direct question put up to him!.

 

Issue: Whether donor insemination of a married man / married woman may be considered adultery within current framework of Indian Penal Laws?

 

Reply: Only held by a tiny minority, but many Orthodox society’s medieval talks frown on the practices. To the best of my legal standing I have not come across penalizing married men or married women for that matter in reference to context as this is a very new social trend in situations where modern marriages are in brush with family Law and one spouse is desperate to re-start without waiting decades in Court. Secondly marriage Laws in Indian framework were never meant to Penalize infact they always strive to protect spouses and alleged to be illegitimate children born out of such alleged relationships and colly. are in brush with Law by throwing as last resort largesse (monetary compensation) to aggrieved first wife. Pick some of the already decided cases and same was the view of then ld. Lordships.

 

Your friend’s situation is one such illustration and I still stand he can bail himself out all dependent upon a seasoned advocates persuasive pleadings. However I am open to latest (most recent) citation of any Court on such instance where child is 2 years old or even say child born out of IVF with a live-in in subsisting marriage. What I have read and applied are citations where child was born out of natural conception and under plea bargaining the husband got not only divorce but later married legally his live-in partner (illicit partner relationship is what I mean here). There is fine argument here which one should not loose sight if one has a prudent social issues in mind and not counter blast only as way to means in sight.

--------------------------------

To your direct que. put to me. He should not worry now of the documents and try to hide anything. Let these be taken as materials for plea bargaining and I repeat if properly plead he has good case. Beyond this I wish not to add more lines as I noticed people here want the end of their legal brush with one shot replies without waiting for Judicial wisdom application to case. We have limitation and respect further application of mind by a proper Court of Law now that base legal opinion your friend has.

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 Dear Tajobsindia : Thanks for right reply.  The first wife demands are unpractical, even my friend approached with gifting a 2 BHK flat worth of 30L at prime location, but still she is not ready to close the matter, just because of Vengence, above all she lived with another guy who is also married person, and he ran away now, so she finds my friend is only good option for properties, Dignity etc. 

Now, the ICMR over Artificial Reproduction Tech, if a known friend/live in partner, due to their strict limitation, signs as Husband to donate, and having kid of 2 yrs old. 

So will that document signed at hospital, as husband will have legal consequences, how to defend it ? Again, even he settle the matter now with first wife, now the second kid age is 2, so, by getting divorce now, does first wife has option of filing case, on ground, second kid born before divroce which is adultery or bigamy or whatever ...

@tajob(My senior..)

1.My motive was not to cross-examine the quriest but simply,in view of his posting number 1,wanted to know the facts.

2.I am not posing as judge niether it's in my capacity.

3.I didn't try to lecture the quriest, but just gave my opinion.

Now some philosphy that may attract a lot of flack from my seniors as well as from other people.

The very objective of law is to inculcate morality in citizens.All law & rules are based on that morality be it Civil law,Criminal law or any other law. It's not a drama,where two lawyers plays the part opposing in character on a single stage(Court room).We ,even,don't need any court if everyone follows the moral ethics. The lawyers duty not to give the solution  based only on stratgies(like a game of chess),but also to introduce to the queriest/client to the morality else the very purpose of law is defeated.

After all,Lawyers are ladders to go to the temple(In this case the place where Justices sit) where the only objective of both is extract the truth out and to do justice.