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False allegations

Page no : 2

Truth's Warrior (Quality)     22 July 2015

Hello Sainath,

I already have thorough knowledge on AI (artificial insemination) and it does not require any hospital to do it.  I can be done by self or by a nurse or any paramedical person and plz do keep in mind that my brother's wife's mother is a maternity nurse.  Since it was family and based on trust I didnt demand anything in written before I donated. I am writing here to know your useful inputs on the matter since there no laws pertaining to donation in the indian penal code as far as i know.

SAINATH DEVALLA (LEGAL CONSULTANT)     22 July 2015

Nothing more to add and I conclude my version.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 July 2015

Your fear is that somebody may try to make you an ND Tiwari decades later. Anyway things have happended and they are not willing to give you anything in writing. You carefully preserve all those evidences which you have if necessary by taking multiple copies. If you have a trustworthy friend who was also a witness to all the happenings tell him now and retain with you his name and address.  There was no artificial insemination when ND Tiwari's son was born. Has a son or daughter born through artificial insemination any rights over his biological father. Laws are silent on this point. Only courts will have to give verdict. Everything said and done nothing as your fear may happen. Have a peaceful sleep.

Truth's Warrior (Quality)     22 July 2015

Dr. Ramani thank u for your kind suggestion and advise. I hope they do not create any complications for the child or to me or my family. I can directly go to a magistrate and give a complaint or a paternity affidavit or paternity acknowledgement petition. If I do so the child will be called illegitimate. Keeping that in mind i am not approaching the court. I hope they do not take that as an advantage and file false allegations of rape, dv, 498a etc.

SAINATH DEVALLA (LEGAL CONSULTANT)     23 July 2015

After so much of deliberations and discussions with the author,it is deemed to be assumed that the matter is already in the court of law,otherwise the author will not be so much worried about everything he has mentioned.

Truth's Warrior (Quality)     23 July 2015

Mr. Sainath,

The matter is not yet in the court of law. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 July 2015

The matter has not yet gone to court. But are things going before the court imminent? If so who will be going to court, you or they?  If and when matters actually land in court your questions as well as the answers you get here will be different. My advice would be if they ask you to keep quiet, you keep quiet. Still if they go to court, if you feel so, come here again. Do not open the Pandora's box in your own. Silently and carefully preserve all the evidences you have. Present laws were made at a time when there was no artificial insemination. One cannot determine who is a legitimate child or who is an illegitimate on the basis of those laws. Pandu, Dhritharashtra and Vidura were born through artificial insemination though not using instruments. Questions similar to yours were asked in Simhasana-dvarthrimsathi. Excellant answers were also given. Under ancient Hindu laws legal father and child relationships have preponderance over biological ones.

By the way is he your elder brother or younger brother? Are you married? Have you got your own children

Truth's Warrior (Quality)     23 July 2015

Dr. Ramani, as I said I do not have any intention of going to the court as I know that the child will become illegitimate according to section 112 of the indian evidence act.  He is my younger brother and I am married with a 4-year-old daughter.  My younger brother was not able to produce children for almost 2 years of their marriage and after 2 years his mother in law and wife approached my wife asking me to donate as it is family and we agreed to it.


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