Sekar 30 November 2017

Is birth certificate proof of adultery ?

Hello All

I have a typical case

Husband & Wife got married in 2010

Wife deserted in 2014 and they had no kids

Wife remarried in 2015 (without divorce) and concieved a kid and the birthcertificate shows name of the father as her second husband

The father of this wife filed 498a case on first husband who did not know all this story.

The first husband got ex-parte divorce granted in 2016 and was still unaware about adultery of his wife

Now in 2017 the 498a trial started and this information came to light that his wife remarried without divorce and has a kid - and the birth certificate is also available. Can this be a proof to show the adulterous behavoir of wife and claim compensation & damages for false 498a?????

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2 Replies

Vijay Raj Mahajan (Advocate) 30 November 2017

Yes the husband can file criminal complaint under section 497 IPC against the biological father of the child born to his wife after her desertion. The wife however cannot be made party to this criminal complaint. As far compensation is concerned that husband can claim from the wife if there is a act of defamation done by her and proved. Her act of adultery, filling false criminal complaint through her father against her husband can be considered as acts of defamation. If there is proof of second marriage during existing first marriage, the criminal complaint for bigamy against wife can be filled but that seems difficult in the case.

Kumar Doab (FIN) 30 November 2017

The birth certificate, school admission forms with photos and ID’s of parents, Aadhar Card, marriage photos, marriage certificate, etc may all establish that both were married and are parents of the child…..