Hi Dear Members,
Can a biological father fight for visitation rights or custody of his illegitimate child for the welfare and future of his child as he found out that the mother was immoral and has had multiple affairs with many men??
I have a close friend of mine who impregnated his sister-in-law as she told him that his brother was impotent and that his brother agreed for her to have a child from my friend. My friend agreed on the basis that the child should grow in front of him and allow him to visit the child. After having a child she changed her colours and started to keep the child away from him. When he questioned his sister-in-law and brother falsely accused him of raping his sister-in-law and threatened that they will put false allegations against him if he revealed the truth or if he came to see the child. Even his sister-in-law's parents and his parents knew about it but now they are all threatening to file a case with false allegations. They already filed a complaint against him that he posted her obscene pics on FB, but it was not proved and he was let off in the police station.
My friend has all the evidence to prove what he is saying and that she emotionally blackmailed him to give a child. Evidence of whatsapp msgs, FB msgs, SMS, voice records, etc.
My friend also enquired about her and found out that she has had multiple affairs with many men and collected evidence for that too.
He is now worried about the child's future. He revealed everything to his wife and wants to claim custody of the child now. I have read and researched a lot on this, but as per Indian law the mother is the natural guardian of an illegitimate child and that if the child is born within a wedlock the biological father has no right.
My questions are:
Can my friend prove it in the court with the evidence about the truth and claim visitation or custody of his child for the welfare and future of his child?