Hello Experts, My Name is Regalla Srinu 43 years of age staying in USA past 8 years. Basically from Telangana state, I have a sister named Sunitha staying in Hyderabad,Telangana, and was married to dornala venkat Reddy in 1999.The couple were blessed with a Baby boy on July 4th 2004. Recently I came to know that my Sister's Son is not from her husband [My sister told this to me now], her husband is not the biological father of her son, now the kid is 16 years old and studying 10th standard.my sister was 20 years old when she gave birth to the Male child. can my sister take any kind of legal action on her son's Biological father who is also staying in the same village ? can she file an FIR on that person after 16 years and get him arrested by any means? although my sister was NOT in touch with that person past 16 years, my sister wants to get justice is there a way we can take some kind of legal action on that person. will the police take our complaint and file FIR if we go to police station now after 16 years? Thanks, Srinu.
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See if it was a case.of Rape or anything FIR can be filed otherwise the child has right of property and maintenance from.biological father for same application before court can be filed.
Further in my view this can lead issue between her husband and her so it should not be taken up now.
"See if it was a case.of Rape or anything FIR can be filed " How can we prove it as a Rape , that person can say my sister and him self were having extra marital relation ship and simply walk away, after 16 years how can we prove that he raped my sister ? all these years my sister has been staying with her husband by hiding this fact,no one in the village husbands side or my sisters side know this fact, all 16 years my sister was keeping it for herself .And in all the official documents the son is recorded as her husbands son, even in LIC document, Date of Birth and aadhar card , and in the school my sister filled the father name as Her husbands Name by hiding the fact, now if she says that some person raped me 16 years back. will the case even stand first of all??? we need to have some evidence to file some kind of rape case right?? we dont have any kind of DNA report, even if we have DNA report he can say its a Extramarital Affair and walk away?? can he do that??
Dear madam
You can file the FIR but you have to look at the consequences of that FIR rightly mention by you in your follow-up question.
And also you have to think about the boy born who is still in his young age what would be the effect on him.
I think he won't be able to cop up with all this in this age.
If your sister want justice she have to talk to the boy first. Because at this stage his life matters the most. What is the mistake of that boy.
a women can file case after many years,However,she should have to explain and prove the delay caused in filing case.
The age and other aspects were not relevant while considering the matter.Anyway the finality depends upon the facts and motto.
It will only depend on the facts how your sister came in contact with that person with lead to birth of this child which is not mentioned in your facts birth is true act of rape, or rape through coercion, or threat etc then she can take action and file FIR. If the same is consensual then no action can be taken. Only the illegitimate father property share can be claimed by that child
my sister was married at 18 and moved to her husbands house, at that time the other person was a student and staying in that same house as he is a distant relative of her husband,her husband's is a combined family when getting married almost 11 people are staying in that ancestral house when the affair happened including my sister's inlaws and her husband's grand parents were also present when they ended up having affair. but if my sister says its a rape will the courts believe her?? how can we prove it as a rape, even if its consensual.
It is not possible to prove it is rape or not, because at that time your sister is 18 she is not minor maybe it is consensual sex and Consensual physical relationship between live-in partners does not amount to rape
Well if it was an affair, your sister is lying then, if she pretends it as rape. We advocates aren't here to help rank liars
There is no limitation for filing rape case
2) complaint of rape can be filed after 16 years
3) however delay of 16 years in filing rape case may prove fatal
4) the court may hold that There is no valid justification for delay in lodging the FIR
If it's consensual it can't be rape. Consensual sex is rape only when there is false promise of marriage or fraud. Otherwise it can't be rape
Rapist may take the plea that it was consensual sex
2) Late reporting of rape is generally seen as a revenge of a jilted partner rather than a bonefide rape case
3) Police is not enthusiastic about investigating old cases.
4) Witnesses may back out or may not be enthusiast to give statements because of delay in reporting rape
it becomes difficult to prove rape in court, because:
Your sister can still make a complaint of rape against the said person, but a gap og 16 years is a hard Lacuna,
No one can predict finality of case.
Your sister's child can claim biological father's property
Don't stick on proving, first step is to make a complaint,
What is the intention behind making complaint against him now, after a huge gap of 16 years?
The biological father has to pay, a humongous amount towards child maintenance, DNA test will be necessary too
Your sister kept silence for all those years for no apparent reason and after so many years suddenly she has come out of her slumber.
The law does not come in aid for those who sleeps over their rights.
Now no case of actionable wrong will lie against this man . On the contrary she would ruin her own marriage as well.
So ask her to be prudent and focus in her marital life.
Good luck.
See in case women alleges rape primarily the ones shift on other side to prove it's defence though there is no evidence , so long has been passed so same would be hard to prove as your sister showed no sign never complaint of anything like this.
See court believes on evidence long times has passed it will be easy for him to defend the case and more ever if it was affair proving it rape won't yield anything good for child also.
The rape happened 16 years ago. Now 1st of all can she confide in her husband about it?does she trust her husband? If yes then she should tell her husband and obtain DNA reports. On the basis of DNA reports and her testimony a case under 376 of the ipc can be filed against that guy for committing rape on your sister.
Regards
Criminal offences have no limitation periods and hence he can be convicted now too.
It can be believed that it was a rape because no woman would disclose her extramarital affair to the society to her own detriment.
She has nothing to gain from this.
Regards
As per the facts and circumstances stated by you, no case can be made out against that person.
Morever, it appears to be consentual sex, so nothing can be done in such cases.
If it was the rape, FIR can still be filed after a elapse of period of 16 years. however it will be very difficult to prove the delay of 16 years before the court and would subsequently lead to acquittal of the person.
It was consensual, nothing can be done to prove for the court that it was a rape.
Also, you should not destroy the life of a person who had not even done the offence, despite of the fact that you know it was not a rape.
I totally advise you against it.
If you dig all this past issues any how your sister's and her husband plus her son's name is going to spoil.
If you want to take action against the biological father of the son than take help of her husband and see what does her matrimonial family members say whether they all are supporting to your sister or not.
Kindly check all details and let me know for further guidance.
Any illegitimate child have all the right of the normal child from the property e of his father as in this case you sister was married to bring the period when this boy was born in the relationship of the person it will not be a good idea to go for the rape case and due to the rape the child was born instead she has to claim that the child was born to her from this man and and the she have to claim the right after boy from his biological father key have to be summoned by the court and the DNA analysis can be added by the court in this regard to verify that the child is born to this lady from this gentleman as biological father
Your sister moved in her matrimonial house when she was a major
So she first needs to disclose as to how she entered into an extra marital relationship with that person or whether she was raped
She first needs to disclose the actual facts before any strategy can be devised
Just by saying that the boy is not from her husband but from someone else, would not suffice
1. Your sister was married before around 20 years and has delivered a son after her marriage whom she is now claiming to be son of some other person and not her husband.
2. you are seeking redressal of the injustice done to your sister./
3. First of all your sister shall have to identify what injustice has been done to your sister by that person with whom she have had physical relationship out of her wedlock?
4. She can nbot bring the charge of rape now after so many years and it will be difficult to prove that it was not consentual s*x but rape to her.
5. Having consensual s*x out of the wedlock is no longer considered as an act of adultery as per the recent Judgement passed by the Supreme Court. So, no question of bringing any charge arises at this stage.
6. If your sister admits that she had established physical relationship out of nher wedlock, her husband can file a divorce suit on the ground of cruelty and is likely to get the decree of divorce.
1. First of all your sister shall have to state as to how did it happen, if it was not a consensul s*x.
2. Under no circumstances she can get a FIR registered against tyhat person bringing tghe charge of rape.
3. She will be exposed to the risk of being filed with divorce suit by her husband and also the otyher person can allege that your sister is trying to extort money from her after getting him seduced to physical relationship since her husband found to be impotent.or due to her adulterous nature.
1. If the physical relationship is consensual, it can not be called rape.
2. When the said physical relationship was the result of an affair between the two, there is no chance she can get the FIR against that person bringing the charge of rape.
3. Such step of your sister is advised against in her own interest.
1. FIR for what? Is it your sister's case that she was raped and the child was an off spring of rape? Even if that it is so, a case for rape under Section 376 IPC will have no vigour after 16 years as the man will plead that it was a consensual act. It is your own statement that age of your sister was 20 years at the time of birth of her son, so she also cannot allege that she had not attained the age of consent when the sexual act was performed with her.
2. The utmost your sister may do is seek maintenance from that man on behalf of her son. The man being the biological father of his son has a duty to maintain him. Nothing else can be done.
1. There is no way your sister can prove rape after 16 years. She should move on in her life.
2. If she decides to seek maintenance on behalf of her son then paternity test may be ordered by the court,
Dear Sir,
Under Section 468 of Criminal Procedure Code there is no limitation to lodge complaint in respect heinous offences like one stated by you above. If police do not support then your sister may approach the court directly U/s 200 Cr.P.C and get DNA and paternity test and see that that guy is behind the bars.
What is the reason that you are going to give a complaint against that person?
Is it for rape?
What has she been doing all these years about it?
The question of whether he is the same person has to be proved through paternity test by DNA samplings.
What about her present husband's opinion to this?
Is he agreeing with her to take action on the person who raped his wife very long ago which resulted into this child?
As per your contents you sister got married to her husband at the age of 15 years and when she was 20 years of age ( i.e., after her marriage) she was raped by the biological father of her son which even her husband is not knowing nor he ever questioned about her pregnancy when he did not indulge into any sexual relationship with his wife.
When you approach police they will drill with more such questions which you may not be able to anser because this appears to be a drama created for some purpose at this stage.
However by DNA test she can prove the maternity of the child but she has to file a case against him before the court which in turn would allow to carry out such test to prove the paternity of the child.
You are right that he may claim that she had an extramarital relationship with her provided the DNA test proves him to be biological father of the child, she cannot prove that she was raped by him that too at this stage.
Now reopening this issue may cause problems between both the husband and wife, it may create lot of problems in the society, their name will be spoiled in the society, it may mentally impact or affect her son, her own name and reputation will be spoiled in the society if people come to know about this.
Hence you may ask her to better drop the idea of taking any revenge against that person to avoid all the problems and to remain silent like how she was till now.
It is was consensual then it cannot be termed as rape.
Your sister by any chance cannot prove any rape case against him.
From your contents it is clear that yor sister had extra marital relationship with that person which she did not reveal to anyone till this date but may be due to some other vengeance she want to punish him though law even at the cost of spoling her name and reputation.
In my opinion no case will be maintainable even if she approaches police for this, hence you may decide after giving a proper thinking over the subject issue and take wise decision