Custody of child from relationship with a married women
Amit Nair
(Querist) 24 February 2014
This query is : Resolved
(Sub: Custody of Child from affair with a married woman)
Dear Sir/Madam,
i just want to get some advice from experts on my case...
3 year back(in 2011) my friend told me to go with his wife to a doctor for some kind of consultation and from that day i am getting in touch with his wife. and in couple of months she started to talk with me on phone and then she told me that her married life is not okay with her husband and she often discuss their family dispute with me. She told me that is alone even after marriage and is not happy with her wedlock. I have never misguided her in this regard. But i don’t know why she proposed me one day and ask me that she is in love with me. She said “i love you and cannot think to live without you in any case kindly accept my love; if you do not accept me I’ll commit suicide.” And by this act she offers her self to me.
On this incident i can not able to understand what is this and what to do and i refused to accept her offer, after that i started to reject her phone calls. And get away from her life.
When i say NO to her, On my refusal to her offer she tries to commit suicide as she already threatens me earlier for this.
After few days unfortunately again she meets me and feels sorry for her earlier dialogues with me & her act of committing suicide. And ask me to kindly ignore last conversation and request me to be her friend. In that case i accepted her friendship and clearly told to her never cross the limits of friendship.
Then we start to meets regularly on weekend or holidays or some others for chat or tea etc.
Gradually the phone calls between us were increase. And she became my best friend in the short period, as a friend i share all thing with her almost.
One day around 9:30 pm (night) she call me and told me that she is alone in home with her daughter and her daughter is not well so that is why she didn’t prepare any thing for lunch in noon and for dinner also. Then she requested to me to kindly bring some food from hotel/dhaba for her. On her request i purchase some food from market and go to her home. As i reached to her home she told me to kindly be seated and offer me to take some tea with her. On that day i also take some wine in the evening on the time of leaving from my office. But as i take my tea suddenly i feel wrong and i start to vomit, and feel sleepy.
After some time i notice that she is with me in her bed and she is sleeping with me. (i shocked to see this all )
I remember that time when i start to feel heaviness in my eyes and sleepiness; at that time she laughed on me and takes me with her on the bed. all things are going on in front of my eyes but i am not able to understand what happened.
in the early morning around 3:00 am that night i feel better and come to my home. After that day i was in great depression and mantle disturbance. After that i totally break all relation with her and even i shifted to another city to get out of this all.
After a couple of months she approaches to me again ask me to marry with her. She told me that she is pregnant and have my child in her womb so now she can not live with her husband any more.
Now this is very hard to accept all things for me in a minute i totally disappointing with her act. But on another hand i also start to feel some attachment with her due to her pregnancy.
When i ask her that how she blame me cause of her pregnancy during that period she also slept with her husband on this she told me that they (she & her hubby) do not have intercourse from last one and half month.
I never ready to be with her as she wish and never accept her offer to have any physical relationship with her. Just because of this she makes such plan and traps me. By spending some time with me she understands my nature and come to know that i am weak on emotional side. She comes to know that emotions are my weakness and only by this mean she can get me.
Now she told me that she is not opting to abort this child as this was her wish to have a child from me so she is going to give birth to this child and that is why she does not use any contra septic pills.
Now she starts to make me fool by treating me as her hubby and father of this child. Day after day her demands increasing, she start to demand money from me for medical and other facility she need during her pregnancy and threaten me that is i do not fulfil her all demand she will tell to everyone about this child, and told me that if i fulfil all her demand she will never open this secrets to anyone.
She also demand me to fulfil her physical thrust and compel me to do sex with her even i do not want to do so any more.
But during this all somewhere in my heart some kind of love /affection created for that child and i start to love that child.
Then she delivers a Girl Child in 2012.
Now she demands me for more money and i give it to her time to time. She demands money or a sex night with her whenever i ask her to give me some time to play with my child as a consideration. Now i come to understand all things and realise that this is just a game of blackmailing. Now everything is open to me this just a type of blackmailing.
Then one day i ask her to get divorce from her husband and marry to me. For just get a confirmation on my thinking of being blackmailed by her. She starts new disputes with me and again threatens to open this secret to everyone.
Know she told me that she was just want to see my head in her foot. She do this all for her sexual satisfaction. She told me that she do so because when i refuses to make any physical relation with her on that day she decided to get me on her bed in any cost and for this she give birth to my child because by this way she get total control over me and i have to do anything as per her order.
Know i am love my child so much and i cannot live without my child. I decided not marry because i do not have trust in any women anymore.
I just want to get the custody of my child. In any way at any cost.
I know my case is clearly a case of come and kill me And I can not prove my self innocent in any way
Due to non availability of proper evidence.
But kindly suggest me what to do. Otherwise i have only way that i forcefully get my child and go to some other place where no body know me.
By this every thing will go against me & may be my life with my lovely child comes to an end before starting.
(Note: i have only few phone calls recording with that as evidence and a photo)
Also advise me how ascertain paternity of that child, how to conduct dna test for it.
Kindly help me..............
Devajyoti Barman
(Expert) 24 February 2014
If you claim for custody of the child then you would also be criminally prosecuted u/s 497 IPC , minimum sentence is not less than 7 years.
So be prepared for this before claiming for her custody.
Guest
(Expert) 24 February 2014
What happened to your friend He was there only in the beginning Scene
T. Kalaiselvan, Advocate
(Expert) 24 February 2014
Feel like seen a good emotional drama or a cinema after reading the story narrated by the author. Venturing into any legal ideas to get the custody of child will land you up behind the bars for the offence u/s 497 IPC, think about the consequences and then decided about next course of action.
Amit Nair
(Querist) 25 February 2014
thanks for your prompt reply....
i already read 497 IPC, can she also file false case u/s 376 or any other charges for the phone calls which i make after breakup with her.
is there any way to challenge the 497, if not then what will be the chances to get the custody of child after my imprisonment.
i also wish to add one more thing that my friend(her husband)has no problem with his wife even after knowing all this, one day when i bring this all in his notice he advise me to forget this all and ask me to stay away from child. i don't know weather he is a very good person and kind hearted man who forgive her wife or may be he is also with her wife and equally participate to this game of blackmailing.
is there any way to prove this that they do all this with clear intention to do blackmail me for money.
because i paid a huge money to that lady in all this.
Guest
(Expert) 25 February 2014
What is the Status and Opinion of your Friend
Rajendra K Goyal
(Expert) 25 February 2014
You will get the custody of the child easily is doubtful.
Guest
(Expert) 25 February 2014
Where is the Question of Black Mailing.Your Friend what ever or who ever he may be had clearly advised you to Stay Away.So you just Stay Away Or Better Shift the City and Do Not Have Further Contacts.If you are so fond of the child which you claim as your child just save money for it every month and gift it after a period of time with out any disclose which may be true or false.SIN No More
ajay sethi
(Expert) 25 February 2014
your chances of getting custody of child are bleak . better shift to another city and forget the lady .
K.K.Ganguly
(Expert) 26 February 2014
1. Your chance of getting custody of your child is less,
2. Your chance of going behind the bars for asking for the custody of the said child is more.
Devajyoti Barman
(Expert) 27 February 2014
I REPEAT ONCE YOU CLAIM CUSOTDY OF THE CHILD, YOU QOULD BE CINSIDERED TO BE ADMITTING ADULTERYA U/S 497 IPC AND YOU WOULD B EPUT BEHIND BARS.
If you wish to run that risk then only claim the child.
T. Kalaiselvan, Advocate
(Expert) 27 February 2014
The doors are still open for you to claim the custody of the child on the basis of you proving that you are the biological father of the child, this can be proved by conducting the DNA test, but what about the other offences namely adultery etc/, suppose you are convicted for the said offence what is the use of your custody petition if you are not able to have the custody of the child.
V R SHROFF
(Expert) 27 February 2014
U cannot get custody of child without consent of mother. Child have legal father too.
better forget your drama/ movie dialogue, like a DREAM.
NEVER REPEAT. Don't add complications in so many Lives, connected with the child.
