Kid born out of affair

@ Author,

1. Being educated does not mean fathering children in extended family and/or in society for whatever pressing reasons in once past!

2. Be that as it may sound universal, she has not committed adultery as a married woman who indulges in s*x with some men not her husband will not be charged for the offence of adultery nor will she be charged as abettor for the offence of adultery which is Criminal Law in her favour!

3. Whereas any s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man without the consent or connivance of that man such s*xual intercourse not amounting to the offence of rape is guilty of the offence of adultery and shall be punished with imprisonment of either descriptttttttion for a term which may extend to five years or with fine or with both. In such case the wife shall be punishable as an abettor. So it’s the married woman with whom any man (married or unmarried and not her husband) indulge in s*x can be charged for the offence for adultery under S. 497 IPC if a man whether married or unmarried indulges with unmarried woman then there is no offence of adultery.

4. Having said in brief the criminal law part which may set in motion by her it is suggested to first stop being blackmailed by her and when she comes to the bridge prepare yourself to challenge first the complaint on grounds of "Law of Limitation" to file such criminal complaint after so many years and as per then fact if conviction is guessed which your then advocate may guide you, then I would suggest to enter "plea bargaining" option where you enter your plea for 'admitting guilty' (that also when DNA test proves so which she has to prove) and pray for "lenient punishment" but in real social scenario why shall a wife as in this brief self spoil her marital life as divorce will also happen with her current husband i.e. your brother? If you cannot muster courage to face her threats then the current alternate is still to stop being blackmailed by her and when she levels such criminal charges against you start preparing the entire family for the worst .

Some years back I written in details here in Family Law Forum about "plea bargaining" and the questions one faces in Magistrate Court and how to respond to them and how to pray for leniency treatment showing the circumstances you were emotionally blackmailed to save the then family traumas, search that post of mine and prepare yourself accordingly,  also do search here and learn about Law of Limitation in criminal cases but before that stop from your end being further blackmailed by this lady come what may come in future.
 

1. In your past acts as yourself mentioned in your brief your wife has no role except she needs to be told honestly the circumstances leading to you fathering a child for your brother's wife back home and currently subject to blackmail by his wife. Her (your wife) role will start the moment she supports you due to her love and trust towards you and she herself advises you more or less what I mention above (except the legal part on plea bargaining as it is above her housewife role). You need your wife to stand by you in case you want to reform yourself is my view.

@ Every Sufferer is a Saviour...

1. I have a social responsibility too in public life. A rapist comes to me and admits to his crime, my responsibility is to seek him reformative justice and not throw him out of my office with handbook on 'morality' and/or lynch mob him to death in Advocates Chamber complex itself !. Is that what you call 'morality' and who gave you authority for acting in society in such 'morality' ? If I do not give him advice then some other Advocate will be in public forum or as in his Chamber. 

Even Lordships are not just sitting there to judge - preach 'ideal society and/or ideal man-woman relationship' which is not what for social Laws are developed around.

BTW, let me open your own eyes by pointing where is your "morality" when you hurl choicest abuse in this public forum, shall I too revert back to you and say it as "your hobby in LCI"!. Take a life young man, you have no idea whom you are engaging.

[Last reply]

Dear tajbsindia, I know you can give 10 pages of good worthy lectures and remedies on this authors illegal, lustfull, sinful and most heinous act. Who had f**ked his own bhabhi whose husband was mentally ill. But, to only please your hobby on this LCi does not mean that you would loose your morality...and give advices to these type of b*st*rds of the societies.

Anyways Its your choice...

@rapist, balatkari, tharki aka querist,

After reading your blue film story...iam feeling to beat you like any thing.

You tharki people dont need any advices over here.

Go and die falling into your toilet flush. 

You b*st*rd, f**king your own sister in law aka bhabhi and produced illegitimate child and coming here for your lustful confession.

You scoundrel, borne with homogeneous mixture of sperm, what you think your past will be over in just few years..

I wish you cry like anything, your soul will rest in hell. You will become enunch after your penish will decay with fungus.

I curse you...you dont need sympathy. You need barbaric punishment.

PS: Its better you remove your query or else once i got to know about your address, your details then I will sue you like anything. I will fight in favour and behalf of your bhabhi.

you are here with unclean hands because in threads introduction you have written kid borne out of affair and other hand writting that your bhabhi had given her v.g.ina after alluring you...

You cheapo , what you think you are imraan hashmi that s*x showers on you at anywhere.

You will get from your bhabhi, believe me your dark days has been started.

ESIS

Can you advice me what is the role of my Wife?

Ramid...Wish I could add to Tajobs...but can't..if I were you..I would stay in US and never come back to India...even if you do..its best if you didn't tell anyone! 

A

The case in brief is that you had s*x with your brother's wife some 10 years ago and has a child from that relationship. No one else knows about your past relationship till now. Your brother's wife is blackmailing you that she will reveal all now. Your question is what will happen if she carries out the threat.

Under IPC Section 497 you can be charged with adultery only if your brother (the woman's husband) makes a complaint and not otherwise.If he does not complain nothing can happen to you. If he makes a complaint the question will arise "why so late". If he says that he came to know of it only now the burden of proof will be on him. You can argue that it was with his knowledge and permission and that he is complaining now only for some other reason.

You cannot disown your son as it can be proven through DNA test as in the case of ND Tiwari. Once proven you will have to pay for his maintenance.

As regards loss of reputation etc all of them will be there.

@ Every Sufferer is a Saviour...

1. I have a social responsibility too in public life. A rapist comes to me and admits to his crime, my responsibility is to seek him reformative justice and not throw him out of my office with handbook on 'morality' and/or lynch mob him to death in Advocates Chamber complex itself !. Is that what you call 'morality' and who gave you authority for acting in society in such 'morality' ? If I do not give him advice then some other Advocate will be in public forum or as in his Chamber. 

Even Lordships are not just sitting there to judge - preach 'ideal society and/or ideal man-woman relationship' which is not what for social Laws are developed around.BTW, let me open your own eyes by pointing where is your "morality" when you hurl choicest abuse in this public forum, shall I too revert back to you and say it as "your hobby in LCI"!. Take a life young man, you have no idea whom you are engaging.

[Last reply]

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@tajobsinindia,

Which company you are working that yourCSR will be noted down at each financial year?. A rapist, a murderer walks into your chamber and admits his or her crime then according to your professional legal ethics you will save him from conviction....the reason which you have given that other advocate will catch your this existing client if you wont take his brief.

Gr8 mr.tajobs. you are dealing with client and not with his act. Thats clear.

Thanks for opening my eyes that you doesnt give value to the acts of any culprits you simply value your client.

One more thing mr.tajobs, the threatning which you are giving me will be of no use. What you think "by saying your statement as you dont know whom you are engaging" I will shiver with your this comment.

Mr.tajobsindia....you talks about my morality but forgotten your own part.

Anyways, If you want to give my supari, or you want to personally kill me or you want to sue me or know me your engagement. Then plz personal mail me. I will sent you my address , you are most welcome ...

PS: IN angriness what person says are not permanent but with cool mind what he says is actual commitments.

Hope you could understand mr.tajobs that I dont afraid of my own life as life only gives tension and death is more sweeter without tension.

Keep your good work.

ESIS

@ Every Sufferer is a Saviour...

Where did I say in my reply to queriest that I am saving him from 'conviction'? Infact I told him what 'conviction' he should prepare himself for. The queriest approached the forum with certain facts and is seeking legal remedy. I provided just that and to your shut eyes let me restate the remedy I gave to this queriest in case you didnot understood it and in short; "I said first stop being blackmailed any further and then first his brother's wife has to file a complaint and then she has to prove her allegations for which she has to subject the child to DNA test which are 'strict proofs' to align allegations with her complaints relief". Till the moment that happens the queriest is not required to enter his defence which is uniqueness of this particular section under criminal law in motion and once DNA tests comes positive then he can showcase "circumstances" which is nothing but 'social motives' because adultery is social crime based on either gender’s vulnerability and not criminality as in pure criminal crime and can be reformed and to reach ‘conviction’ stage in a nature such as this crime without motive no crime has ever happened which is pre-assumed i.e. pre-assumed not guilty until proven otherwise. Who knows if the brother’s wife had lineal pregnancy instead from this queriest and seeing family’s financial and mental status is falsely alleging so and making this queriest believe so?  All these comes with her proving her allegations fist especially in cases of ‘adultery’ that is what check and balance this IPC section carries. And based on ‘motive’ he is suggested by me to plead for "leniency" because if full time conviction happens at such belated stage (recall 10 years have passed post child being born out of such allegations) then it is also question of 'human rights' of four people (his brother marital status - brother's wife marital status - child's human rights - this queriest and his US based legal family’s human rights questions also comes) and also all his related lineal affected family members (recall he has sick heart patient grandmother, other mental ill brother and extended family’s social reputation in society etc.) human rights questions also comes before a stricter conviction Order is passed in social criminal cases such as these. His crime is not immoral at all as you are making it out to be with your rants. His crime is that he being un-aware of long term repercussion in entering into making a married women pregnant to see FAMILY happiness he is thinking that he will facing such criminal trial. It is not about fcuk word which you are found of using quite often in public forums nor it is about rape word you referred this queriest as, because you donot even know definition of rape as you are name calling this queriest in all your messages yet you claiming to study for LLB :-). I mean change law college or stop studying LLB you will do good for 'humanity' is my view. A ld. Judge based on 'circumstances' has power to pass lenient punishment. Had I stick to ‘morality’ issue then my morality says in legal forums victims such as you who are facing "dowry law" charges cases have no right whatsoever to reply to any query instead have only “moral right” to ask a question relating to your dowry law cases and allow advocates a reply. Playing over smart lands you quite often in such verbal diorama situation see your own history in the forum with various forum members.

Note a Ld. Judge looks into question of public morality and human rights issues in public vulnerable issues such as this and then goes on to give punishment and not Public otherwise all ld. Judges will be jobless by now.

Do not worry on 'clientele', I never took nor ever going to provide services to any queriest from public forum in relationship of client - service provider context.

To my statement of 'engagement....' I mean sound legal argument and not preachment of some 'false morality' which people like you having half knowledge of law come here and preach and immediately pounce on queriest of either gender in biased fashion with no Law to backup such claims.  Reason being you forgot what human rights this queriest even has or is granted by Constitution of India inspite of his admission of his gory past and Law works on giving opportunity of "fair trial to even worst abuser of public morality" too otherwise Kasab would have been lynched mobbed long time ago and GOI would not have kept him alive to give him opportunity of a "fair trial" till conviction happened and he was hanged to death based on sound legal reasoning.

Lastly to your "supari et al" baseless rants; people like you are not worth my time and energy is my final rebuttal. Please, by all means you carry forward with your rants and expose yourself in return to public reading your posts.

Illustration of your verbal diorama in public forums;

Even such basics of Law you donot have iota of understanding and claim to be studying for LLB; I quote you from your own reply to this queriest

Idiot know Law first i.e. in adultery and or in bigamy only affected person and/or his – her lineage family member have right to sue and offcourse the complainant h/er self and where did you read in your LLB studies that you a student of LLB as you tell us has right to sue this queriest even if let us assume he gives you his address ? :-) :-) :-)

[Above is my last short reply to you]

@tajobsindia,

Your aove comment Is childish. you behave yourself as only abbacus of law but you yourelf an idiot. You pretend very cunning. Every time you write your reply and when you are caught in your own words then you modify your former posts.

Good I learnt new tactic from you how to hide your own comments.

Now second part,

Dear tajobs Its quite interesting that you are alleging me as idiot. Ok. Sir I admit that Iam idiot bcause in this current thread I have not written lectures like your hobby which is of 10 pages whether querist understand your legal thesis or not its querists problem.

Other part,

You are jumping on my current posts related to this thread as I dont know about what is rape, what is bigamy, what is adultery. He he he..ROFTL

Dear tajob where you have read that a person who Is pursuing LLB cant sue other person on behalf of her or any other party. I think your legal knowledge only dpends on copy paste.

Plz show me any judgemnt where a person cant fight other womens adultery, bigamycase.

You are totally living In Roman republican era. 

Anyways, you are elite member of this LCI I should rspect your contributions.

ESIS

Thanks for your advice, I do accept my mistake ,but i do not agree that I am a rapist,infact i am being raped emotionally then and even now.

infact i resisted her many times [I can take polygraph test in this] but she started to show my brothers blood to me and made me listen to her, as i have no father and a grand father who is 80 years old with heart stroke,i have no way out,i had two choices either listen to her or just watch my brother suffer silently which i could not do

my brother is mentally retarted guy but he feels pain,he cannot understand what money is or any other he cannot count numbers, he cannot go with social life,but he feels pain when bitten, when a spoon scratches his shoulder and when his hand gets fractured he feels pain,and he comes to me with pain everyday which i could not watch.

so i had no choice but to listen to her ,i lost my father just few years before this incident and i do not know to whome to speak so i had to bend my head for her i had no choice,

saying all this i didnt leave my responsibility and run away, i took the kid with me to my house after marriage and kept him in international school with lakhs of school fee, even today i am indirectly giving to my grand father to pay the school feel weather they agree or not ,expecting to have a good life for her and her son . i gave them all that i can 

  right from the over head water tank to the water filter in their house is bought by me, phones, TV,fridge,dining table,all the kitchen stuff including the knife she uses to cut vegetables is owned by me,inspite of all this when she needs money i am giving her money untill now i gave more than 2 lakhs to her,dont know what else should I give ,the only thing i am not giving her after my marriage is her satisfaction for physical desire,i said to her i am married now i cannot do this and i can't do. 

in fact i didnt take a single penny form my family house i asked my grand father to keep that money with him and develop the family more and more so that when the day of seperation comes that share they are going to get will be sufficient enough for them to lead their life with out any issues

supposing that i have to give maintanance  to the kid, how much should i give? 

Thanks,

Ramid

Now, I have read mr. Tajobs 10 pages lengthy gyan on moralty as above.

The reason why I have not countered his false lenghty immoral gyans because I havent given a glimpse to his long lenghty legal bhashans earlier.

But now I have read his lectures and ready to ask from mr.tajobs few questions if he could engage his typist to write again such lenghty preaches.

1. According to mr.tajob the querist has all rights reserved under human rights to pregnant his own bhabhi in lieu of maintaining his own ill brothers heirship...gr8,,, mr, tajob superb which human rights book you are reading these days..plz name us so that we could tell all such brother in law who could fcuk his bhabhi and produce illegitimate child.

2. Mr.Arun D , May I know where it is written on this LCI that only advocates are allowed to give replies and rest persons inspite of having all sort of legal as well as practical knowledge of cases cant give his replies.

I feel pity on your thought..you simply showing yourself as oversmart or speaking the language of ms.hema to whom you only on other day thrased for speaking biased comments on male.

It seems that you quite often changes as fast as chamelion to protect your egoism.

3. May I know which person in entire world will shut his mouth after listening the gaalis of m..thr fckr. Will you shut your mouth when somebody will allege you that you sleep with your own mother. Tell me mr. Gr8 tajob..wont you then use the word fcuk to her...?

4. Mr. ARUN D akka tajob I know very well the meaning of engagement and also the meaning of hurl choicest for abusement. Even i know the meaning what moral craps gyan you have preached to me and indirectly threatning to me to shut my mouth. No mr.tajob you are absolutely wrong.

You lawyers think that we are generic males , we will frighten with your threats..you are wrong my old man.

5. Now you dont know whom you are engaging...hope you know the meaning of engagemnt in your legal terms i.e means appointing for briefs.

ESIS

@tajobsindia,

Under Section 497 IPC s*xual intercourse with a married woman would constitute adultery only if it is done without the consent or connivance of her husband. Does this not mean that no action can be taken against the person guilty of Section 497 unless the complaint is made by the "aggrieved" husband?

If the husband is a person of unsound mind not capable of giving or not giving consent what is the position under law?

If the husband in the instant case files a complaint now  and tells the court that now only he came to know of the offense as the reason for the delay will law of limitation still apply?

As a rape cannot come under 497 the adulterous wife cannot be the complainant. Am I right?

@ Lord ESIS,

You speak too much here in this brief, now you got my attention. Let me put you to public test against backdrop of this query (only this query and nothing more/else remember this before proceeding further).

You have read this brief, you know the facts, you know parties as to who is who; 

Que.: How you will proceed legally to file a case on behalf of his bhabi against this queriest?

For above short question just answer short para wise legal steps with Sections of Code/Act law and give short commentary next to them (para) as how they shall stand test of Law as you say you have all sorts of legal as well as practical knowledge of cases. 

PS:
Waiting to hear from you now as you wanted to speak in public, go ahead and speak. If you not want to answer the above question, just reply without adding any adjectives following quote I do not want to answer unquote. I will close the above question as un-answered and move on to answer to what @ Dr. MPS RAMANI asks directly from me.

@ Dr. MPS RAMANI,

Exact interesting question, I will reply to you here itself as per Law with citations and exact Act / Code, but I will rather wait to hear first from ESIS as he wants to speak and one should not leave things unfinished even in public life are my views.  


Hope you can afford such delays?

@Medical transcriptttionist mr. Tajob,

You still not given answers of my above post question 1 to 5

And diverting the topic here,...

Come on man,.... public wants to know which legal book you are reading which tells that a major man with full knowledge establishes a physical relationship with his own bhabhi to produce illegitimate child and after that alleging it is under human rights.

Your stupid comments.. on what human rights you are preaching here...plz let us know.

Do you want to tell the public that the querist had done right things who had utilized the chances to fcuk her bhabhi In the absence of her husband aka his elder brother due to his illness.

And after this you are preaching on this public forum that querist act comes under human rights.

I feel shame on your thought and unsound legal knowledge.

PS: EVEN I CAN COPY PASTE ACTS AND CODES WHICH YOU DO AS USUALLY.

I THINK YOU HAVE FALSE HABBIT TO BE TREATED AS ABBACUS OF LAW.

ESIS

1. According to mr.tajob the querist has all rights reserved under human rights to pregnant his own bhabhi in lieu of maintaining his own ill brothers heirship...gr8,,, mr, tajob superb which human rights book you are reading these days..plz name us so that we could tell all such brother in law who could fcuk his bhabhi and produce illegitimate child.

Reply: Once his bhabi files a criminal case and it passes test of limitation and proceeds on trial and on strict proof his conviction is for sure then he has option to exercise 'human rights' as plea bargaining option based on which Court has power to show leniency which is trend in Court. 

2. Mr.Arun D , May I know where it is written on this LCI that only advocates are allowed to give replies and rest persons inspite of having all sort of legal as well as practical knowledge of cases cant give his replies. I feel pity on your thought..you simply showing yourself as oversmart or speaking the language of ms.hema to whom you only on other day thrased for speaking biased comments on male. It seems that you quite often changes as fast as chamelion to protect your egoism.

Reply: Re-read what is written on top right corner under Logo of LCI in each pages. I donot know Ms. Hema and my interaction with her in this forum are very specific and are in between her and me for which either she or me may continue further reason being she says something in public I may or I reply to her and then she may or may not reply and so on may be the then case and you should not complain to me on my own reply to her, are you not capable to reply directly to her?. 

3. May I know which person in entire world will shut his mouth after listening the gaalis of m..thr fckr. Will you shut your mouth when somebody will allege you that you sleep with your own mother. Tell me mr. Gr8 tajob..wont you then use the word fcuk to her...?

Reply: Let a person speak such language to me, you will read my reply. Unless a person speaks directly so to me I cannot place my response in advance here.

4. Mr. ARUN D akka tajob I know very well the meaning of engagement and also the meaning of hurl choicest for abusement. Even i know the meaning what moral craps gyan you have preached to me and indirectly threatning to me to shut my mouth. No mr.tajob you are absolutely wrong. You lawyers think that we are generic males , we will frighten with your threats..you are wrong my old man.

Reply: I didnot threaten you or anybody till date. The reply to question that I asked directly to you will tell who is wrong and who is right in legal replies.

5. Now you dont know whom you are engaging...hope you know the meaning of engagemnt in your legal terms i.e means appointing for briefs.

Reply: Engaging means very attractive or pleasing in a way that holds your attention  whereas Engagement means an agreement to be married : the act of becoming engaged or the state of being engaged to be married : a promise to meet or be present at a particular place and time : a job as a performer and in legal dictionary Engagement means a contract, the obligation arising from a quasi contract. All above definitions are from dictionaries that Apex Court uses and have found mention in various Apex court decisions and not defined on a Sunday. BTW, I knew you will never notice the exact word I used there and it is ‘engaging’ and not ‘engagement’ in page 1 thus n page 2 I ought to ask the question that I asked.

As you wanted reply, replied to all your 5 specific questions. You may reply to my one question or choose not to reply.

PS: My typist does not come for duty on Sunday's; she has her "human rights" read with 'Labour Laws' as remedy too :-)