My wife sex with another person when she was pregnant
SUNIL
(Querist) 13 October 2012
This query is : Resolved
sir earlier I wrote that "My wife cheated me. She had done sex with another person and has given birth to a baby. I came to know that."
I could not able to depict the whole matter.
actually what happens ....
I sex with my wife. she was preagnant.but when she was preagnant another person sex with her.
so why I will give all the expenditure of my baby?
that person should bear all the expenses because when my wife was pregnant that person sex with my wife.of course my wife was preagnant by me. BUT WHEN SHE WAS ALREADY preagnant that time another person sex with my wife.so that person was done the last intercourse with my wife.
so that person should bear all the expenses of my baby.Isn't it?
In this case what is the rule? do I have to still pay all the expenses of the child?
V R SHROFF
(Expert) 13 October 2012
You have to still pay all the expenses of the child.
SUNIL
(Querist) 13 October 2012
TO MR VR SHROFF
BUT SIR
WHEN MY WIFE WAS ALREADY PREAGNANT THAT PERSON SEX WITH MY WIFE.SO THAT PERSON'E BLOOD WILL MIX WITH THE BABY.THAT PERSON'S DNA WILL ALSO MIX WITH THE BABY. ISN'T IT?
SOME EXTRA PIECE OF MEAT WILL ATTACH WITH THE BABY.IS NT IT?
V R SHROFF
(Expert) 13 October 2012
You better ask a Dr. & not Adv.
& LET US END THIS SECOND THREAD OF YOUR B***S QUERY.
SUNIL
(Querist) 13 October 2012
DO STILL I HAVE TO PAY ALL THE EXPENSES?
Guest
(Expert) 13 October 2012
Dear Sunil,
It seems you have merely heard the word of DNA just for name sake, but do not know what the DNA is and how that is formed and importantly related to the real parents of a baby.
It further seems, as if you want to get rid of your wife somehow or the other with lame excuses, like sex with another person, mixing of blood and DNA of another person with your baby, etc.
DNA is not a thing that can be mixed with any thing else at any stage right from the time of formation of the baby in the womb till his/her end of life.
You could better have consulted with some gynacologist doctor before posting your doubt about DNA here.
For your knowledge, there is no source of supply of blood or feeding to the baby, except through an umbelical chord, known as placenta, which is the sole link between the mother and baby to supply blood, oxygen and other nutrition in the womb.
You clearly seems to be confused.
Guest
(Expert) 13 October 2012
If you seek divorce from your wife you will compulsorily have to pay the maintenance charges for the baby, as there is no logic in your plea about mixture of DNA, which is quite flop.
SUNIL
(Querist) 13 October 2012
TO MR PS DHINGRA
DO I HAVE TO PAY ALL THE EXPENSES OF THE BABY?
SUNIL
(Querist) 13 October 2012
MY WIFE HAS A AFFAIR WITH MY DRIVER.WHEN I GO TO OFFICE SHE TAKES LUNCH WITH MY DRIVER.
I WANTED TO TAKE A NEW DRIVER. BUT MY WIFE OBSTRUCTED ME.MY WIFE LOVES MY DRIVER.
Tajobsindia
(Expert) 13 October 2012
See your question has two derivatives;
One – Indian populace are obsessive with “virgin for a bride” and “legitimacy of child born out of a wedlock” scary thoughts.
Two – Maintenance of illegitimate child.
For above one – even God cannot change Indian psyche easily.
For above two – Law is very clear Re.: Gaurav Jain vs. Union of India
Held: The Hon'ble SC has categorically stated that the children have the rights of equality and opportunity, dignity and care, protection and rehabilitation by the society with both hands open to bring them into the mainstream of social life without pre-stigma affixed on them for no fault of his/her.
Remedy available to you:
Only one – Divorce on grounds of cheating read with adultery of wife that is all.
Even during and after divorce if your wife remains un-married with child in arm law says you still have to pay maintenance for the child. Further law also says if divorced wife is not able to maintain herself then she is also eligible for maintenance. Further if adultry is proved of a wife then she is not eligible for maintenance but still the "illegitimate" child will have all his/her legal rights from you, provided he/she is adopted by another father post yoru ex wife's re-marriage.
Now choice is yours how to get over with Indian favorite obsession which in minimum wordings I pointed out to you in opening of my reply. Also in main Family Law forum reply where your same post thread appeared, I suggested taking stock of illegitimacy of child via DNA testing then launching divorce and related cases.
But here after reading that the baby was formed by your union first and later driver’s interjection happened I retract from DNA testing advise as it will not bring out any legal relief for you. This I am bringing here before you object to my two different stands.
Now reasobale proof of adulterous wife which you should bring on record are via her "vulnerable position" i.e. closeness to driver from park walks to yoga classes to lunch to sitting holding hand in hand in public places or at your home etc. That is your call how to get such amorous pics. and once brought on Court records then adultry proved and you can get "new" driver.
Now most reasonable relief you can give to yourself are as follows;
- Ask plainly your wife and driver to get married or live-in outside your home and / or give you divorce to you with a reasonable full and final amount as full and final alimony payment towards divorced wife and child maintenance.
- Spend years in corridors of Court fighting without hinted “evidence” cheating (adultery) of wife with your driver. No result will come out as no proof you may gather except whispers of society and what eyes saw.
- Ignore wife and your driver's relationships yet meet social responsibility of child read with wife and re-start your life away from both of them as in desertion from bed and board.
Very limited end result you have now. If not satisfied hire an advocate and act as per legal advise you get. I am closing reply from my end on your this post and main family law forum post on same cause of action except now I came to know that driver was involved which I dinot knew in Family Law forum reply.
Link
http://www.lawyersclubindia.com/forum/My-wife-had-sex-with-another-person-and-given-birth-to-ababy-67903.asp
Guest
(Expert) 13 October 2012
Dear Sunil,
I have already given reply to your query about expenses of baby. No escape.
