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UHi, I am posting this because I am concerned about the safety of a friend of mine.
Basically me and my friend both are friends since college. So I am seeing this from the beginning and really concerned about him.The story-
He had a gf in college.
The girl is a psycho but that’s a story for another day. So they were in love the entire college period. Then they broke up one day.
But they were in touch. The girl got married to some guy and has a kid now. My friend is single and says that he will never marry anyone and probably that is true.
Few days ago my friend confessed to me that the kids she has is his child. She contacted him after her marriage. They met multiple times and had unprotected sex whenever her husband was out of town. And then she tested that she is pregnant now. Then she told my friend. His first reaction was like wtf, abort it immediately. She was like, No…I have always dreamt of having a kid with you since college days. I want a baby of ours just to remember you. So I won’t abort.Cut to this day. The baby is around 1½ years old. The girl is still taking to my friend. The clueless husband thinks the child is his. My Friend and the girl had a quarrel few days back and in the heat of argument he told that he won’t talk to her anymore. To which she replied that if he does that then she will tell everyone the truth about this child and he will be behind bars.
So he got scared and came to me and after confessing he told me that he fucked up and asked for my help to suggest what should he do next.
Now I know morally he did wrong. Atleast for me it is. But who am I to judge.
This time their quarrel is settled and she is talking again. But if he doesn’t comply, he probably will face consequences.The question is legally can there be problems in the future? What kind of cases can there arise? Please don’t forget that this is the psycho I know from college, so nothing is off the menu.
Lawyers here, please do tell me about the case possibilities and ways to avoid them.
Also, what if the husband did some math and it clicks to him that hey this is not my kid, my wife cheated me. Let me do some paternity tests and divorce her.
And what if after she is divorced she forces my friend for marriage?I am worried about my retard friend.
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UNAL
Atleast your friend won’t be liable to pay any maintenance as his husband will be liable. Keep all the proofs of consensual relationship. But you’re friend is an asshole to ruin the life of a fellow man, while his wife fucks cheats he works hard to provide for her. Both will have to pay the consequences. Stay apart from that friend, I’d suggest you contact the husband. But ik as a friend you won’t do that, many of us won’t have the courage but i would if I had to. He shall never get justice, he should pay for what he did.
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UNah this is india, she had a affair but the court says while the husband and wife live together no matter who the biological dad is, the child will be considered to be the husband’s and he will have to pay maintenance
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CThis entire episode could have been avoided if the guy and the girl did the right thing post breakup, not talk to each other.
Anyways, what’s done is done. Ideally he needs to take a paternity test (whenever feasible) to prove that he is the father (at least for his mental peace). From there on, if it’s negative, it’s not his kid and it’s the husbands. If your friend is smart, he will stop talking to the girl and remove himself from her life.
If it’s positive, it’s going to be a messy situation one day or another. How long will your friend stay under the threats from the girl? What if your friend gets married?Coming to the current legality, The child’s father and mother are the people written on his birth certificate.
Also, regarding going behind bars, both your friend and the girl will be behind bars, as they have committed Adultery.
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UNAL. She can say that the friend was sleeping with her on false promise of marriage. He was giving her false assurance of marriage till now and now trying to runaway. After she consults a lawyer they can get more creative to add more provisions like he took her intimate pics and blackmailing her to have sex. Now if the kid is actually his court will get more biased towards the woman and bail will be harder. If its not his kid then case will be weaker but his life will be screwed either way. Again I am not a lawyer just talking out of general readings.
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UNo this won’t work. There was a similar case previously. Courts ruled that a married woman can’t be so dumb that someone will convince her for false promise of marriage as she’s already married.
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Uyes I am aware of it. Issue is he got her pregnant. This will make court biased towards her. If there wasn’t pregnancy invovled then guy could have gotten the case quashed after some years. Regardless, there will still be loss to career, reputation, money even if court stays fair here. NAL
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UWhat case would she file against her? Well there are the usual forcing himself on her, non consensual sex while intoxicated and stuff like that. Yes they will fuck up this boy’s life for sure but them being in relationship for years only weakens her case. The judges will see right through.
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Uits hypothetical for now. We were in love then brokeup. After I got married we connected and he said we will marry now. We fucked and I got pregnant but he said we are gonna marry. Now my husband knows and life is destroyed as he is also dumping me. I was used and left with a child. He keep giving me false assurance or blackmailed me but now wants to run away completely
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UThere are loopholes in the story. For instance why didn’t you file for divorce with your current husband when you 2 decided to marry each other.
It may not sound much but judges have seen a lot of bs stories that they know when someone’s lying. Many a times when a wife files cases on husband after husband files for divorce, it is seen as counterblasting.
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Uobviously if the judges are being fair then fake case will hardly last but my point wasn’t conviction but the guy staying in jail without bail for long time and then fighting case for years.
are you a lawyer?
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UYeah that’s obviously true. Even a case against men will make their life hell, the actual punishment comes much later. And it depends on the judge too, there are some self proclaimed messiah, who’d give out unlawful judgements for god knows what reason. Like there was a case where the judge told the husband if your wife wants a house you will build her a house. And then there was this case where the judge told the husband he will be given bail only if he gives monthly maintenance to the wife. Later the higher courts removed the condition saying bail cannot be conditional. The lower court judges do anything that comes to their mind. Then there was this MP judge who punished a rapist that he will have to get a rakhi from the victim every year. Wth.
Regardless your story isn’t very convincing. Also not a lawyer. I follow a lot of law related channels and whatever i have been saying is based on past cases and judgements.
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Uyeah this is what I was trying to say. Story may not be convincing but that is because you are being fair towards both side. Issue is that lot of benefit of doubt will be given to woman and she will be seen as victim. Court won’t be just and fair like you in case of man vs woman
I also use to follow these judgements but I realised we only get to read judgements of High court and supreme courts mostly. Trial courts are a different thing and can be more biased towards woman. Like in a case a married dude had aggair with a neighbour girl. Got her pregnant and now the child was even old enough to go to school. She decided to file false promise of marriage only now and trial court even convicted him. It was SC or HC that acquitted him later. This is why I think court becomes more biased when woman becomes pregnant.
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UIndeed. These trial courts many a times give biased judgements. And even high courts are not always unbiased. If these lower courts start functioning properly, a lot of the load will be lifted from the judiciary i think. Besides, i also think courts should take strict actions against those who file false cases. Not just matrimonial, any false case and lying in court should be severely punished. Courts don’t punish them and this only emboldens the people to lie in the court. If people start fearing punishment for false cases, they will refrain from doing so, this would also help in reducing the load on the system.
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UFirstly your friend deserves all the trouble that will come his way. May god bring justice to all.
Husband can file civil suit against him for alienating the wife from the husband. Depending on the case (not a lawyer so don’t know if its always burdened on the husband or the bf is liable too) the court will either tell the husband or the bf to provide maintenance for the child.
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UEven criminal suit can be filed see when adultery was removed from criminal law I was very shocked but when I was in college and I read criminal law I found it there a lot of similar sections under which these kind of extra marital affairs are already under the purview of criminal code but under some other sections so adultery still punishable but you will have to read the Indian Penal Code properly and understand the fine lines of criminal law I would have helped you but it takes a lot of time and since you are not paying me so I can’t waste a lot of time on it
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RUnfortunately, there is a law Indian evidence act 112. Which will not recognise the dna test report. Hence the child would be considered legitimate child of the husband irrespective of who is the biological father. I know your main concern to protect your friend, but I would suggest you to anonymously tell the husband about the truth. Rest assured there is a very little chance your friend would be into long-term troubles.
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