False allegations

Sir,

 

Why you want it to be done on legal papers, I mean when they are not disputing things, what makes you dispute things.

 

Warm Regards

Kapil Chandna Advocate

9899011450

What do you mean by getting it legalised? How was the artificial insemination performed, was it done at home not involving medical or para-medical personnel or was it done in a doctor's clinic or a hospital? Was it done with the knowledge and consent of your brother? Was written consent of your sister-in-law taken? Are there third party witnesses for the artificial insemination?

What will be their evidence if they were to bring rape charges against you? The child is already born and also may be months or years old. They will have to give reason for bringing rape charges so late. Are they threatening rape charges, domestic violence etc. only if you insist on the 'legalising on paper' or even otherwise?

Unless there is written consent both by the donor and the receipient, the process of  artificial inseminisation cannot be done.This process is 100% according to the medical and legal laws.Hence they cannot try to force any legal hurdles to U.The donor and the receipient cannot be held guilty of adultery u/s 497 ipc.

you will have documents regarding artificial insemination right.you can use it as a proof along with the recorded statements you have. that will help you if they file wrong case.

also record the threats by their lawyer to file false cases on you.in case if it happens in future you can make complaint on him in the bar.

as they said dont insist on any legal papers.

I was asked to give it in a container and my brother's wife's mother is a maternity nurse and said she will take care of it.  As I thought it was family I never got it written that I donated it.

After donating it they asked me to keep it a secret as they wanted to hide my brother's impotency. I trusted them and gave the donation thinking it will not affect me in the future as they are family, but later I came to know that her character was not good and I enquired about her and  came to know many facts and when they came to know that I came to know everything they started changing to their true colours and started threatening me.  I feared that in the future she may come with the child and so i insisted on getting the truth written and legalized.  When I asked them for that they started to put false allegations against me.  My brother knew about the donation, but now he is not coming into the picture and supporting his wife.  They are also threatening me that they will not allow me to have my share of property. 

Just like you doubt them,  they are doubting your intentions asking everything to be put it down on papers. 

Your brother and the family want everything to be kept in secret for ever. 

The matter probably ends there, you are fully safe unless fate takes the matter for the worse because of your own acts.

Mr.Warrior,

U have not answered to my reply.

Some States in India have laws regulating artificial insemination. The laws pertain to donation by unrelated and often anonymonus donors. They also deal with qualifications of medical personnel. But the question of those laws will come only if the donee suffers something.

Those laws do not deal with donation within family among known persons. If you suspect that she is a "loose character" why do you bother about it. If they are now not willing to give things in writing,  leave things as they are. She cannot allege rape after such a long period. She may allege consensual relationship on the basis of false promises. Again the question will come what false promises?  Only your brother can bring false charges of adultery against you. As the truth is known to all implied consents of everyone concerned can be assumed.

If they go to police or court against you, you can bring criminal charges against those who go to police or court  under IPC-499 and 500. Under these sections they can be punished with imprisonment. They may not be knowing IPC-499 and 500. If you make them know those sections, that may be sufficient to deter them. 

There is much debate whether IPC-499 and 500 are reuired in the statute book. At least this is one case where those sections are required. They can make life hell for those accused of. 

Mr. Sainath, I did not take written anything in writing from them nor did I give them anything in written as it was family and I trusted them. As my brother's mother in law is a qualified maternity nurse she must have done it herself or with the help of any doctor known to her.

Can i use IPC 182, 195, 193 and IPC 211 against them if at all they put any false allegations?  Sections IPC 499 and 500 pertains to defamation if i am not wrong

You put your semen in a container and handed it over to your brother's mother-in-law. You do not know what she did with it. You believe that she used it to inseminate her daughter. What you believe may or may not be true. Only your brother's mother-in-law knows the truth. She may have used your semen to inseminate some other woman or she may have used it to inseminate both her daughter (your sister-in-law) and also some other woman. Why do you  want things in writing now? They ask you to keep quiet. You just keep quiet. They suspect that you have some motive in asking things in writing. In fact I also suspect. I suspect that you want to stake a claim over the child. If they ask you to keep quient I support them. It is not proper for you now to ask them to give in writing that the child was born with your semen. So you keep quiet. It is for the good of all. If the child comes to know when it grows up that you are his real father it can create complications. There are certain things in this world which never be kno

Hello Dr. Ramani,

There are evidences that the child was born with my donation (voice recordings of her mom and my brother's wife, sms, fb msgs etc).  Do u think what she did is right if she might have used it to inseminate any other woman? If after 15 years one morning I wake up and find someone at my door saying he/she is my son/daughter and goes to court to prove it and proves it with a DNA test what then?  What will my children think about me then?  I just donated to save my brother's marriage from getting divorced.  Who does it nowadays??  Nobody does.  If I was selfish why would i give him a child?  I do not want to claim the child.  I even told them that I am ready to give that in writing.  From your reply madam, I feel you think men are just needed to produce children.  They do not have any emotions attached.  Though i sacrificed my fatherhood for the sake of my brother's marriage i never need the child, but now they are putting false allegations and threatening..is that right from their part?  Do you mean that women should misuse law for their own selfish purposes?  

U R presuming and visualising too many things to happen which are very vague, as UR last paragraph illustrates.The evidences at their disposal are not 100%  valid legally.No hospital will go for artificial inseminisation with out the clear consent and presence of the donor and the receipient, and also legally documented.If there are any irregularites U can certainly sue the hospital.Hence I strongly U R engulfed in fear complex.I may also have to conclude that this query could be for gaining knowledge about UR subject.