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S S Singh (Sr. SE)     24 October 2022

Extra marital affair of my father with a married woman

I'm 42 years old and married. Recently I came to know that my father is having an extra marital affair with a woman for last 15+ years who is also married.

My father told that woman is blackmailing him for last 5-6 years and he has given all his savings to her and now he has nothing to pay her. So he attempted suicide, however was timely taken to the hospital and now safe.

Points to consider:

1. My mother is living with my elder brother and his family at our native place in a house built by my grand father.

2. For almost all life, my father has been living alone in another cities due to his private jobs and he rarely took my mother together with him. He used to occasionally visit us.

3. I'm living in a separate city where I built my own house and 50% share in plot purchase (and registry) is of my mother, as she sold a plot in her name at our native place to settle that our inherited property will be of my elder brother and this property will be mine. However, I built house completely my own.

3. My father has given all his savings / earnings for last 15+ years to the woman he had an extra marital affair. Also he has a loan of huge amount in lakhs which he spent on her. He wants us brothers to repay the loan amount.

4. My father says that he wants to get rid of that woman, which we suspect as he continues to talk to that woman on phone for a long time in a day.

5. That woman is claiming that she has a male child aged 8 years old from my father. However, she is married for last 13 years and has no other child.

6. My father is not sure if child belongs to him.

7. Few years ago that woman had gone to UK on study visa funded mostly by my father and took her husband on spouse visa. Currently they are living in UK and holding Indian passport only.

8. My father is claiming that she is blackmailing whereas woman is claiming that she has never taken money and seeks support from father to raise the child, as child is a special child and she can't do it her own.

9. My father used to have multiple trips to UK, saying that official visits by the company, but was actually going to that woman and paying her in cash.

10. My father is now 73 years old and that woman is 46 years old. Seems like that woman now knows that my father is aged now, can't earn anymore and now she has an eye on the property.

11. Me and my brother also feel like that my mother knew about the extra marital affair of our father for a long time, but she was silent. Why, we don't know.

My questions:

1. Considering my father had an extra marital affair, my mother is still alive and that woman also had an extra marital, they neither married each other, nor had a live-in relation. Only meeting occasionally and having s*x. As woman is living with her husband, so even if it gets proved that child is by my father, can she claim on our inherited property or the property that I own?

(Quite possible that in child's birth certificate father's name will be of woman's husband only)

2. Can we take any legal action (police complaint/court case) against her and safe guard ourselves from any further financial loss?

3. What if my father wants to live with that woman only. How can we protect ourselves from financial or property loss?

4. How we brothers can protect ourselves from any further loan or financial burden if our father commits? (Any public notice in the newspapers?)

5. How we brothers can legally separate from our father?

6. Can my mother take any legal action, as her future is not secured any more? Also to protect the properties?

Please help us.



Learning

 6 Replies

P. Venu (Advocate)     24 October 2022

The posting is too confused and disjointed to suggest any meaningful solution.

Anjuru Chandra   24 October 2022

If the properties mentioned are not inherited from your father's father then there is no problem. A child born out of illicit relationship can have claim over natural parent's property. But if your father has no share in the properties mentioned by you, then you are safe. 

Puspendu Dutta (Advocate )     24 October 2022

6. Can my mother take any legal action, as her future is not secured any more? Also to protect the properties?
in reply to this question obiously ur mother can take legal action against your father as well as that women too. 

Since your father has committed blunder from his side therefore there is nothring more to do to get rid off from that women, one thing you can i.e get the gift deed from ur father for his share on ancestral property asap.  

Dr J C Vashista (Advocate)     25 October 2022

The facts posted are multifaced having various legal issues, it is better to consult a local prudent lawyer for better appreciation of facts, professional advise and necessary proceeding.

R.K Nanda (Advocate)     27 October 2022

query too long to reply on free site.

N.K.Assumi (Advocate)     27 October 2022

Better to go one or at the most two at a time, and not with numerous facts, as LCI is not a fact finding Body.


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