• Can this be considered rape

I am Rami reddy from andhrapradesh, I am 40 years old married in 2007 and now with 2 kids staying happily with my family. 
 I have two brothers both are mentally retarded by birth, my first brother got married in 1998 and my second brother got married in 1999, while I was a engineering student ,my second brother's wife name Sunitha her date of birth is july 4th 1984
during 2004 time frame I had a physical relationship with my Second Brother's Wife for Few days who was 20 at that point of time , and later I moved on on my Job pune ,maharastra and moved with my job.During that time she gave a Birth to the Boy and everyone in the family were happy that both the brothers were having kids .she is 21 years old when she gave birth to the boy.
 I got married in 2007 and all my family members were present including my brothers wife,and I was moving along with my life, recently my Mother in law expired in 2014, after my mother in laws death my second brother's wife called on phone and told me that I am the biological father of her kid and her husband is impotent, since its already been several years and the kid is around 15 years of age and studying 10th standard.i didn't respond anything and not sure how to respond also.so I kept silent
 I moved to USA in 2012 and staying here till now, now my second brothers wife is telling me that she will file cases on me and spoil my future as I didn't bend down to her demands of property distribution which was in the name of my Maternal Grandfather[Mother's Father] he has written a property will that after his death the property should go to his wife and my mother is the only daughter of my maternal grandfather ,she gets the entire property.since my Mom is very much alive and healthy, I told her after my Mom's generation we will divide equally , but now she is blackmailing me that she will tell everyone about the biological son and spoil my future if i don't give my moms property , are there any legal remedies you can suggest me,and what kind of risks I have when I visit india in december 2019 , had I known that I am the biological father before my marriage I would have done justice to her,she was very much next to me in my marriage and never uttered a word about her son, I have two kids now with my wife and we are a happy family. can you please advice me on how to handle this situation ? is there any legal issues that I can face ?? she along with her father and sister are blackmailing me that once I come to India they will file cases like Rape case on me and ruin my life and my family. can you please advice on my next steps ?
Name: Rami
Email: [deleted]
Phone: [deleted]
Location: United States
Name: rami
Email: [deleted]
Phone: +[deleted]
Location: United States
Name: Rami
Email: [deleted]
Phone: +[deleted]
Location: United States
Asked 4 years ago in Family Law
Religion: Hindu

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19 Answers

Even if you had a consensual sexual relationship with her, deny it and never accept it otherwise you shall never get out of this quagmire.

She doesn't have any proof and is blackmailing you for the property. It is possible tgat it is your child but so what, she has to prove it. Until then there are just allegations.

Regards 


For arguments sake, let us assume that it is proved, then too you are not guilty as it was a consensual relationship and she too would risk losing her husband and kid.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

No rape case can be filed at this stage.

First of you you deny that it is your child, let she proceed with any type of complaint.

If she is making a complaint against you then you can challenge her complaint properly.

Her complaint may not be entertained by police at this stage that too after 15 years or more after the occurrence of the alleged incidence.

Her false complaint of rape may not sustain, even though it is proved that you are the biological father of the child, neither the child nor its mother can claim any property from you as a right, at least not during your lifetime.

Therefore you don not get frightened or budge to their pressures.

You can ask her to proceed legally and you will challenge her claim.

Dont worry about she spoiling your name in the society, the society will not bother about it after certain period of time passing on after the revelation of this matter.

However you can inform you wife about this in advance and confide in her to avoid matrimonial disputes between you both..

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

No it's not a rape. She is just blackmailing you for extortion. If you receive any call from police station or you got to know about she filing any complaint then take anticipatory bail immediately. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

No need to bow down to pressure tactics 

 

2) she had consensual sex with you 15 years back 

 

3) the fact that for 15 years she kept silent and did not file rape case would go against her 

 

4) your mother is absolute owner of property and your sister in law has no share in property during mother life time 

 

5) only if she dies  intestate would you and your 2 brothers inherit the property 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

1. Snide she was married at that time and it was consensual no case of rape can be filed against you anymore. So rest assured on this account.

2. However if the child is indeed your putative child then you will have to give him recognition and he will be entitled to inherit your property as well.

3. if not then he can file a suit for his paternity.

4 As all these things may scandalize your life and torment your marital life as well, it is advisable to resolve the dispute amicably, preferably by fulfilling their financial demands , if any.

5. There is no scope of ruining your career though. 

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

There shall be no rape case.  

There is no criminal offence.  

If you are not sure who is the father of the child make a DNA test. In case you be the biological father,  then you have take responsibility of upbringing of the child till he attains majority. 

So move in that direction . Inform the other party accordingly and do the DNA test if required. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Eventually in this case your sister in law does not file a case that you are the biological father of the child nothing will happen and in that case the DNA can be performed to decide whether you are the biological father of the child or not this will definitely take lot of time and at this point of time you need not to worry about and it will be good that you do not respond any call in this regard this is not rape and you cannot be charged for the rape this is a consensual sex and both of you are responsible for this however any child pond out of this relationship will definitely have rights and you but at the same time he will not have any right on the property of his father who is not the biological father of him and he is only for the sake of record

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dear Rami

There is no certainty that you are the biological father of that child, if she will file the case against you for the rape than the case will be filed by that case will be weak and she can not win her case. if you want to take any legal action than you may file a criminal case against her and her family members who support her for her wrong. 

 

 

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

- If she files case against you then you shall have to contest the case on merit. However in cross argument if fought properly, you will be free from all charges.

- For further input do check your mail.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

1. Since the relationship was consensual between you and her it is not rape. Further, a case of rape will not see the light of the day if it is filed after more than a decade from the alleged date of crime. 

2. However, your brother's wife can file a suit for declaration that you are the biological father of her son and therefore you be directed to pay maintenance to your biological father. The court may order paternity test to find out the truth and if the biological cord is established then court will declare you as the biological father of child.

3. There is nothing you can do from your end except to hope that she does not file the suit mentioned aforesaid, but if she files it then you will have to contest it.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

When consented inter course takes place it cannot be termed as Rape.

Further, after lapse of 15 years if she comes up with above version, it projects her malafides.

Straight away deny all allegations of the lady. Try and avoid any conversation on the issue with her / her representatives over oral / written.

If  she stoops down to such a level, you have to may face DNA text.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Nothing will happen even if child is yours. She herself is ruining her and child life. Only social stigma to you. Just record their threats, that she willing was physical with you and now blackmailing you for property otherwise will file false FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Dear Querist, 

All those allegations of rape she is alleging can not be made out substantial in the court. Court will not entertain any such plea of rape after such a long time has been passed by. These are just tacticts to get a share in the property. You are entitled to your share in the property and does not require it to be shared with someone else having no interest in the property. 

 

Hopes this solves your query. You can contact me for consultation. If any.

 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

Ask your mother to make proper WILL in her mother tongue language that too is acceptable by state government. And ask your mother to register the same till that its your mother's wish after telling so.many times to transfer whole property to the names of second brother children still your mother is not listening.

You put all burden on your mother's shoulder for property distribution.

 

Now if that is prove in the court that you're biological father than you have to give share in the property after your death. And take his expenses burden on your shoulder till he becomes 18 age. 

 

From this your family will also disturb and you accept that you have kept physical relationship with her than you personally check for DNA test. If DNA test is positive than give her little bit share, but if it's negative than don't accept her demands let her go in the court.

Ganesh Kadam
Advocate, Pune
12928 Answers
255 Consultations

4.9 on 5.0

Hi,

The allegations of rape will not be held as true, rather it may be consensual relationship and she will be more demoralized in society than you. But all these come when there is a DNA testing of child proves that you are biological father. So to avoid this problem, first get the DNA testing done.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Next time whenever she calls you for blackmailing again make recordings of call. 

Refuse to give her share From the properties.

Because it will not be considered as rape because time lapse is between complaint and physical relation is 15 years. 

It was a consensual relationship and if she it was rape then why she have not filed complaint for such a long time.

But yes you may have to defend yourself in court once she lodge FIR against you and you can easily get anticipatory bail if you can record her calls. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Consensual physical relationship between live-in partners does not amount to rape . 

your brother's wife has no share in your mother property. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Firstly the incident took place in the year 2004, to constitute rape, she must have objected or resisted, if not it becomes consensual, being so, she went on to become pregnant allegedly with your child, gave birth, and is looking after it along with her husband, who knowing full well that he is impotent could not have had any children during his lifetime. So even after his wife got pregnant and delivered the child, did he not suspect her fidelity, why did he keep quiet (his condition is that he is mentally retarded, hence he kept quiet) but his wife, having voluntarily allowed you to have a physical relation with her (sexually) and post that becoming pregnant, delivering the child and he now becoming 15 years old, goes to show that clearly she is trying to undue advantage.

But the law is very clear, a case of rape cannot be filed after 15 years. She is leading a normal married life from 2004 with her husband, keeping him and the family in the dark for all these years. She does not a case against you, she is just bluffing only to get you to share the property and nothing else.

Even if you visit India, and she confronts you along with her father and sister, you ignore their demands, and advise them not to take any foolish decisions, that can ruin her married life. Do not succumb to their illegal demands, pretend like nothing happened, the only evidence that you had a physical relationship is her son, who she claims that you are his biological father, she does not have any medical record to prove this. even if she does have, she must prove it in court, while still being married to your brother, which is near impossible.

 

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

1. Rest assured that no rape case will stand  against you now after so many years of your having s*x with her.

 

2. Even if it is proved that her child is your biological son, it will be considered as consensual s*x with her which is not punishable in any way.

 

3. She can cause damage in your relationship with your wife which you shall have to take care.

 

4. You should deny the allegation completely since DNA test will reveal same DNA which your brother being her husband is also carrying with him. Your and your brother's DNA will be the same for paternity test.

 

5. You should lodge a police complaint against herself and her family members alleging that she is blackmailing you stating that she will lodge the said false complaint unles you arrange to get the property gifted in her name. 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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