Karan Singh (HS) 26 June 2010

Child Without Wedlock

I got married in 2002 and we got seprated in 2003 after the sepration in the year 2007 some one came me for job a lady who was also married and her divorce case was in court in the year 2008 we got close to each other and consumed .In the mean time my previous wife put the application in Panchayat Police Mahila Ayoge that I got married to this girl as she has not divorced me But in the enquiry conducted by Panchayat and Police and They given the written report to concern that no such evidence has been found as it is very true that I have never married to that girl and I ask her leave the job as I do not want her in office to smooth my functioning .After leaving the office approx. 20 days she told me that she got pregent becaouse of me I realise my mistake and ask to drop the baby But they started black mailing me for money other wise they will join the enquiry by police that has been conducted by police or support my wife ...Black mailing continue I ask the favour of my parants but they refused to help me and I left alon to handle the situation .As per her divorce case She got divorce from her husband in jun or july 2008 and in Nov 2008 she given the birth to a daughter In the hospital the given false parants name not mine not her .

After some time I confess all mistake with my wife and taking her into confidence I stoped any can of communication with them in july 2009 she also not communicated me as she got Govt job as TGT art because in Affidevite she given to the Govt that she is Issue less divorce and having no relation with any person who is married to another lady.

Now in Nov 2009 my first wife got dead due heart failure in he school where she was in job I got the death certificate from the authorities and submit it the panchayat for registration .

Now in May 2010 I remarried with a girl in the court and put my registration in the panchayat .After the registration of my marriege Now this girl has put the application in panchayat saying that I had made promise to marry her and the baby with her is of mine As she doese not have any proof of my marriege with her as I have not done this and her baby's father name is not of mine

Now they are putting the presure on me to accept the baby and to give all right to her baby that I can not do and even I do not want to do Because I am now legaly married to another lady

So throuth fourum I just want know the Punishment if any or but can happen to me or I can safe my side

Karan Singh

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8 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT) 26 June 2010

KINDLY CONFIRM CORRECT ME IF WRONG,

Well on baby's birth certificate, neither that lady nor your name stands.

as on birth certificate as mother her name does not stand.

then you need to take grounds of defence that mother name is different, as mother name is different baby being of her cannot be evident from the dcoumentary proof.

is it correct. confirm

Karan Singh (HS) 26 June 2010

Sir

The case has been filed under sec IPC 376 and 506

I got bail from High court on the ground that I have to provide them blood sample for DNA test otherwise I will be arrested

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 26 June 2010

There is something wrong somewhere in your understanding of bail order since such conditions are never put in bail orders.

Morever without your consent no DNA test can be conducted as per lateste SC Judgement.

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(Guest)

I agree fully to Sh. Shashikumar's advise on recent SC Law of the land. May be the Judgment didnot reach the HC Application of mind before granting Bail and or may be Bail Order is not rightly understood which only your Ld. Advocate can guid eyou properly and then you may come back to this forum and post the right wordings of the Bail Order for seekign further remedies to your problem.

1. Have you ever RTied the concerned Municipal Body for Birth Certificate copy of child ?

You are not a smart Casanova it seems saying it off the records to cheer you up :-)

Rgds

1 Like

Karan Singh (HS) 28 June 2010

Sir

The lady has govt job while getting the job she given in her affidevite support the she is issu less divorcee and have no relation with any person who is married to other and also in her medical report from CMO might they submit the same medical report a issuless

On this ground this lady has refused to continue her relation with me and said that she will continue her job and adopt the baby as single mother and this was in front from her parants and they were also same opinion because due to this I have no relation with her form last may 2009 and now after my marriege in may they under the influnce of some other people

How can I defend my self now

Karan Singh

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 29 June 2010

As per my openion, this child should not be yours, so try to take that babys blood and try to make a private test with your blood for DNA yourself wihtout informing anybody and you will be clear.

Else you need a deep consultation of any local lawyer or send your detailed

Regards
adv.kamal.grover@gmail.com

1 Like

Arup (UNEMPLOYED) 29 June 2010

: HAVE YOU ALREADY GIVEN BLOOD FOR DNA TEST?

· IF SO, TO TAKE GROUNDS OF DEFENCE THAT ‘MOTHER’S NAME IS DIFFERENT’ – IS USELESS, AS DNA TEST GOING ON. IF THE TEST GOES IN FAVOUR OF YOU, IE DNA TEST RESULT

· IS NEGATIVE, THEN IT IS SCIENTIFICALLY PROVED THAT YOU ARE NOT THE FATHER OF THE BABY, BUT IF IT IS POSITIVE, MEANS YOU ARE THE FATHER OF THE BABY. I FEEL, PLEASE WAIT TILL THE RESULT COMES.

· IF YOU ALREADY NOT GIVEN BLOOD, THEN SIMPLY REFUSED IT, BECAUSE IT IS YOUR PERSONAL LIBERTY UNDER ART 21 OF C.O.I.

· CHECK THE BAIL ORDER AGAIN.

· COLLECT THE COPY OF THE BIRTH CERTIFICATE OR REQUEST COURT TO ORDER TO RESPONENT (HERE STATE) TO SUBMIT THE BIRTH CERTIFICATE OF THE CHILD IN QUESTION.

· SUBMIT THE BIRTH CERTIFICATE AND HER PRAYER AGAINST YOU TO THE POLICE, TO HER DEPPTT., WHERE SHE GAVE FALSE CERTIFICATE, FOR NECESSARY ACTION.

· Section 376. Punishment for rape

376. Punishment for rape.

Whoever commits rape shall be punished with imprisonment of either descripttion for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine.