Rights of illegitimate child
estranged1
(Querist) 15 February 2013
This query is : Resolved
i met a lady on internet , she is from UK, we became good friends and she came to India for 9 days to visit Taj Mahal and other places and stayed at hotel, , and at that time we came close and had sex one night. and now she is back to England and says she is pregnant and will not have abortion and threatens me to have the maintainance fund of child , as me being the father.
So kindly tell me, what are the laws regarding it, does this illegitiamte child has any right on me ?
also i tell u , she is way older than me, and i am just 25 years old age with no job, and she has 2 kids already in England and is divorced and already taking maintenance funds from her ex husband in England.
So please tell me the rights of this illegitimate child , regarding these maintenace funds and will this child have any right on my property after 20 or so years ?
And i tell u , she has been in few more relationships in her life, and has been to few other countries to meet men , as passport history is the proof
ajay sethi
(Expert) 15 February 2013
you ought to have taken precautions while having sex . if she is able to prove that you are the father of child you will have to pay maintenance .
the child wiill have equal rights on your property as other legitemate children . however you can by will bequeath your property to any one you so desire
estranged1
(Querist) 15 February 2013
i did take precaution, but dont know how it failed.
Is there any way , how can i escape out from all of it ?
prabhakar singh
(Expert) 15 February 2013
He is illegitimate child for the world but not for one who is begetter .
DNA test would be the evidence of the begetter ,not countries old lady has been roaming around for young like you.
estranged1
(Querist) 15 February 2013
sorry sir, but didnt get ur meaning where u said " not countries old lady has been roaming around for young like you " ?
prabhakar singh
(Expert) 15 February 2013
I read your words"And i tell u , she has been in few more relationships in her life, and has been to few other countries to meet men , as passport history is the proof "
by which you suggested about circumstances that she had several sexual accidents in several countries.
estranged1
(Querist) 15 February 2013
yes i just gave you a point, thought it might prove to be a good point for me, to escape the consequencies
prabhakar singh
(Expert) 15 February 2013
Only in absence of DNA test.If you had precautions as you have told us in your second post,she might be black mailing you is also a chance.
estranged1
(Querist) 15 February 2013
i also think so, may b she is blackmailing me, but i dont wanna take chance, so i want to know all about the legal procedure to come out clean out of this mess , if in case she is saying truth
So please tell me, how can i come out , if she is saying true that she is concieving ?
Devajyoti Barman
(Expert) 16 February 2013
Try to shift your location.
It is difficult to claim her rights as of she does she will have to come, stay and file several cases against you.
Anyway, in future, if do something then be ready for its price.
Do not expect everything free in this world.
estranged1
(Querist) 16 February 2013
thanks Mr Devajyoti Barman, for showing me little ray of hope, by giving me an idea , but may i know more about the procedure , how can she send me notice and what actions i should take IF in case i get any notice from England, AND can she send me notice DIRECTLY from England ? and if not then, will her government help her with funds n accomodation in India to fight the case against me, or she will have to do all things on her own, bcoz if she has to do it all on her own then she i know she is not rich enough to afford lawyer, staying here for so many days n all these things , etc etc ... so please kindly help me by replying as much as possible, i request to you all my respected lawyers , thanks
estranged1
(Querist) 17 February 2013
please help me .......
and please tell me if in case she will send me notice, so will that notice be delivered by courier or by police ?
estranged1
(Querist) 17 February 2013
Sudhir Sir, can u please elaborate her path and how should i avoide things or delay things to make it more difficult fr her
i mean if iwill get notice so shall i accept it or shall i deny taking i t, etc etc,
ajay sethi
(Expert) 17 February 2013
if you get notice reply to it . never refuse to accept a legal notice . if in notice she claims you are the father request of a copy of birth certifcate which would mention name of parents . contact a local lawyer and reply to legal notice
estranged1
(Querist) 17 February 2013
like u said "if in notice she claims you are the father request of a copy of birth certifcate which would mention name of parents ", so it means she cant get my name in certificate until i m present there ?
and will i get notice by courier or by policeman ?
V R SHROFF
(Expert) 17 February 2013
You have good Defence for Mtn:
You say " I AM A STUDENT, and I am not earning, having no means to pay .
If you have no income, no job, in India, How about get Visa, thru her, and get a job in UK?? [At least 2.5L p. m.]Both of you are Eligible to marry, and it is important for child to be with parents.
estranged1
(Querist) 17 February 2013
Shroff sir thanks for reply, but ys now i dont have job, but later in like 1-2 years i will , then
and what can b her grounds if she claim maintenance from me now , when i m not earning, i wont b charged?.... n pls tell , will get notice by courier or policeman?
Sudhir Kumar, Advocate
(Expert) 17 February 2013
you should keep quite. If you reswpond to notice you will be admitting (i) knowing her (ii) her visit to india (iii)you overnight company in india etc.
let her file case in Indian court and you defend.
Raj Kumar Makkad
(Expert) 17 February 2013
I do agree with Sudhir clubbed with the advice of Barman to shift your location.
estranged1
(Querist) 19 February 2013
1st of all, thanks to u all for replying me, but i m sorry sir, now i m confused as MR AJAY SETHI said " if you get notice reply to it never refuse to accept a legal notice "
and, MR RAJ MAKKAD and MRSUDHIR KUMAR said, " you should keep quite. If you reswpond to notice you will be admitting (i) knowing her (ii) her visit to india (iii)you overnight company in india etc.
let her file case in Indian court and you defend. "
so kindly help me what is best i should do, and pls tell me can she send notice b4 birth of child ? as b4 birth , i guess there cant b any DNA test, so i think there is no ground for her to clain , i m the father
and pls tell me, how will i get notice, if any, by courier or policeman ?
Sudhir Kumar, Advocate
(Expert) 19 February 2013
You guess that there cannot be any DNA test. You believe yourself to be rich and influential enough (more than a senior politician) to avoid the same even if ordered by the court.
if a civil suit is filed against you then the notice will be brought by the court messenger. For getting notice through policeman you have to work more hard.
You have been advised well and you are exposing more and more weaknesses of your case on internet. Now it is time for you to meet nearest available lawyer.
estranged1
(Querist) 19 February 2013
Sudhir sir, i m sorry, but i ddnt mean anything like im influenctial, rather i m not ANY influential or rich thats y i m asking all these things, AND , i didnt mean that i can stop the DNA test, rather i asked , is it possible to have DNA test when there is just EGG in womb, as child hasnt born yet, so thats what i aske, but i m sorry if i interprettted wrong in my last reply.... and sorry i dont mean that i wanna get notice by policeman, all i wanna ask, is, when notice come, how can i keep it secret so that my family wont come to know about it .....so pls help
prabhakar singh
(Expert) 19 February 2013
KHAIR KHOON KHANSI KHUSHI VA PRITI MADYAPAN!
LAKH CHIPAYE NA CHIPE JANAT SAB JAHAN!!
V R SHROFF
(Expert) 19 February 2013
No use hiding it.
Take Advantage of situation, if u can ..
Mt Expert colleagues are mum for STUDENTSHIP!
SHOULD FOREIGNER MOTHERS USE OUR STUDENTS for their sexual pleasure??
If it is VICE-VERSA??? Will be termed Rape!!
estranged1
(Querist) 20 February 2013
thank u Shroff sir for supporting me.........and thank u Prabhakar sir and Sudhir sir, but i will b more grateful to u if u can really help me out of the situation as i know mistake have been done by me but to rectify it there r intellectuals like u , so i will b extremely grateful to u people if u would help me not that foreigner lady( by putting me down....Prabhakar sir ) , and its not only bcoz i m into this mess but its true , and agree with the SHROFF sir,
so i again request all of u to kindly help me with the legal advices to help me out, so that i can tackle this foregner THE BRITISHER , so that she cant show her supremacy on an Indian, bcoz she is taking advantage of situation , i didnt rape her, she was willing to do it, rather she excited me to do it, .......... and i m sorry to say anything here as i m no one and nothing in front of law n lawmakers, but since these laws are for people , so i wanna say, that when no one was ready to have child and when the couple is not in relaionship and if the lady has full right to give birth to child or not, THEN WHY the hell, man is responsible for the child.
If its ONLY her decision to give birth, i mean i didnt have sex without her consent, it was mutual and if she ended up pregnant then we always have option of abortion, so isnt she givign birth ONLY to blackmail me and get money from me?
estranged1
(Querist) 23 February 2013
respected lawyers , please i need ur advices and help to come out of this , please help me with ur replies, i request u all keep replying please........
estranged1
(Querist) 23 February 2013
i wanna get prepared fully, with the help of u intellectuals, so that i can control the situation well, without effecting my family with this mess , sooo pls help me with my questions
Sudhir Kumar, Advocate
(Expert) 24 February 2013
The experts on this forum are aware of law. They are not tantriks. You cannot in any way leave your family out of the mess. They have to suffer for allowing you so much liberty while you are yet to start earning.
You said four days ago that
"so that i can tackle this foreigner THE BRITISHER , so that she cant show her supremacy on an Indian,"
No expert has so far been moved by your racial comments. The facts revealed so far do not indicate her to be showing racial supremacy rather you are showing gender supremacy
In the eye of law (atleast as per facts revealed so far in your version) she is a woman cheated by a foreigner by inviting her to his own country and leaving her in pregnancy and now taking advantage of distance. Many Indian NGOs may be available to help her against you.
In cased she received your invitation thorugh net while sitting in UK the jurisdiction for criminal offence can lie in a thana of UK.
prabhakar singh
(Expert) 24 February 2013
EXCESS OF EVERY THING IS BAD .
HENCE DO NOT PREPARE TOO MUCH.
V R SHROFF
(Expert) 24 February 2013
IF SHE WANT TO BLACKMAIL, SHE HAD THOUSANDS OF OPPORTUNITY TO NET IN A RICH PERSON.
It seems she wanted to enjoy young aged students.
If she roam around the world, for such sexual pleasure, she won't go for small money from student like you!!
So forget, and Relax. .
Let matter proceed.
Ask her to send VISA for you, get a job there and earn, enjoy and RELAX .
DO NOT WORRY.
UK GOVT. TAKE CARE CHILDREN MTN UNDER SOCIAL SECURITY SCHEMES.
BE PROUD TO BE A FATHER OF INTERNATIONAL CHILD!!
Sudhir Kumar, Advocate
(Expert) 24 February 2013
Mr Shroff is repeating his advise. You deed not listen and will not listen.
estranged1
(Querist) 24 February 2013
ALL RESPECTED LAWYERS,I THANK YOU ALL for ur valueable replies.......
sorry sudhir sir, but this is not right what u said, i didnt invite her , she came here on her own n stayed at hotel not at my home , n i tell u it was her who seduced me, rather rest days i managed to say no to her, and i did use protection, so i didnt make her pregnant, it just my fate OR who knows may b she is lieing
but still i thank u all for ur replies
Sudhir Kumar, Advocate
(Expert) 24 February 2013
But you went to Agra. why did not sit at your home instead of wasting pare3ntal money because you were attracted to white skin.
May be she is lieing but how will it be proved.
prabhakar singh
(Expert) 24 February 2013
Mr.estranged1!
Now it transpires to me that you are running in a fantasy or relishing the joy you had that night by memorizing it again and again.
Will you keep shut now.???
estranged1
(Querist) 27 February 2013
respected lawyers, i did go with her to agra but on her money and on her request bcz she came to India to visit tajmahal ( as its one of 7 wonders of world )
....well i m sorry if i m back, n if i dont have enough money to pay to nearest lawyer, n if i m seeking help from u intellectuals......well the latest news is that i have been talking with her and has resolved issue to an extent WHERE now she wants me to write her a general letter with my name age n sign.. stating that " i give up all the paternal rights of this unborn child and in future " .... she says she wants it so that she can easily donate this child to some orphanage... so KINDLY can u people help me by telling e, how shall i write a letter so that i can have strong hold in my case IF IN FUTURE, after child eing born, i can defend myself with LEAST harm done to my case by this letter.... and shall i post it with some other state address courier so that IN FUTURE i can say i didnt sent any letter, ORRR its ok if i just scan n mail it to her
and pls sudhir sir and prbhakar sir, i am really sorry within myself for losing my control bcoz of her seducing skills ... so pls i request help from u guys n request u not to degrade me more plssss ....i know i m shameful within me , but i m shameful ONLY bcoz i lost my virginity to such a bad lady , not to my love of my life , .... NOT bcoz i m any bad guy or used her :(
Sudhir Kumar, Advocate
(Expert) 27 February 2013
So she used here own money to take you to Agra which you could not afford in own country and allowed you to enjoy sex which you could not afford in own country and still using racial comments on her and calling her blackmailer.
Once you write such letter abdicating parental right you admit the parental responsibilities.
Please read twice what Mr Shroff said.
estranged1
(Querist) 28 February 2013
i m student, and its not me who invited her ,it was her dream to come and visit India and Tajmahal, i had to go with her only bcoz she was a friend to me so it was my courtsey to help and entertain a guest friend....and it wasnt me who seduced her , she stayed in hotel and it was she who emotionally seduced me as i didnt stay with her all nights during her stay in India, so pls sir, dont say like i m wrong, and i tell u i know its not like she want money from me but she is taking sort of advatage n revege bcoz she wanna marry me, but she is cheater n have had many relationships. so how can i marry her who is just using me for her lonliness n pleasure, so pls i need u respected people to help me
and yes i read Mr shroffs n ur advice that if i would write letter then it would b like i m admitting responsibilities, but thats why asked, what if i courier her the letter from other state so that for time being she can relax n i wont get any notice ( n if she is saying true that she wont bother me after thisletter then it will work) and is even she i slieing then later may b i can deny that i didnt send her letter n so this letter wont harm my case and ,,,, wether i write or not, DNA test is always there to nab me
so pls tell what do u people suggest ?
