• Pregnant-consensual and not promised for marriage

I am 29 years old Hindu, working under central govt. I am involving with a woman who's separated-widow having a 6 years daughter. ButI have girlfriend to whom I am getting engaged next month. Unfortunately, the woman whom I'm involved with is pregnant. Initially itself she is ready for abortion and asked for abortion medicine through SMS. I provided her and we promised to start a fresh life. But then, she called me and said that she didnot eat the medicine and she is still pregnant and now 2 months. I told her that it is not possible and ask for forgiveness that it was consensual and mistake, but then she threaten me of calling police and calling women rights commission. Please help me on what steps should I take and what if she comes with a baby after 9 months. Because I will not be in a position to answer to my family and I cannot marry her and also I don't want the child.
Asked 8 years ago in Family Law
Religion: Hindu

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12 Answers

1. It is always a risk in indulging in casual sex without thinking the consequences out of it.

2.Now if the aldy lodges complaint then you can be prosecuted for the offence of sexon promise of marriage, rape and cheating and the police can arrest you in no time.

3.Once arrested getting bail in such cases becomes difficult for some time.

4.So resolving the dispute amicably is only solution.

Else I regret to inform that if the lady goes to police your life can be spoiled for good part of it.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1) you are bound to maintain your baby

2) last woukd file case of rape against you under section 376 of IPC

3) it would be her case you had sex with her under promise of marriage

4) after you found she is pregnant ditched her

5) apply for AB in case lady files rape case against you

Ajay Sethi
Advocate, Mumbai
99786 Answers
8146 Consultations

1) Are you ready to accept her 6 years daughter after marriage, your answer will be not, so same answer you should tell her, if you marry with her also you are not going to accept her daughter.

2) how she is going to manage all these things, so ask her to forget and start new life. Rest of the things you had explained her very well.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Respected sir ...

IN the eyes of law there in no provision to escape from any crime ...and you did a crime by making her pregnent ...sir i know you did all this with her consent but now she is dening and may e create problem for u in near future ...and as per law you don't have any defense for it ...sir just convince her to not spoil your life this might be hard for u but u don't have any other option for u ...while convincing her just remember one thing just not give her any single prof of anything ...don't use to talk with her in any matter with call ...and convince her how so it is possible for u ...if she file any case i am 100% sure u will be acquitted in that case ..but sir we don't have any other option left rather then convincing her..

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Hi,

What ever is the situation the reality is the pregnancy which is going to come with a bigger responsibility of an illegitimate child.

For the time being if things are going out of control will damage your financial and family life drastically.drastically so just try to console the situation and not let the news spread.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If there is a consenual sex and there is child out of it you donot own any responsibility towards that child.

She can try to file false cases against you like of rape promise of marriage you should file a complaint stating all the facts and keep evidences to that it was with consent with no marriage promise

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Try to settle the same mutually if possible. You can't do anything in this case. This is definitely not rape but if she files a case you will unnecessary face embarrassment.

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

You cannot impose you decision as regards to abortion upon her.

The situation is very delicate and requires to be handled very cautiously.

Try talking-out things with her. If she still not ready to abort, take assistance of elders from your family.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Sir,

You are being fallen into danger zone. Either you marry the widow or you settle the matter with her nicely otherwise she may file cases like cheating and rape against you and your entire career will be spoiled. Court needs no evidence than pregnancy of a widow.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Hi,

You need to convince that woman and if she is not. File a case of blackmailing.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Hello,

Just talk to her and counsel her to get the abortion done.

Otherwise she will be having all the rights to file a complaint against you.

Kindly settle the matter mutually with the said lady.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

She can very well lodge a criminal complaint under section 417 IPC.

If proved that you are the biological father of the child in her womb, you will be trapped and taken by police to judicial custody hence you may avoid this embarrassing situation.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

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