- She can even file Rape case also even though it will be very weak.
You will take refuse for live-in and consensual sex.
- The child once proven yours, have to get maintenance and ancestor property.
Consequences if a married woman gives birth to my child
I am 30, single, unmarried, Hindu. If i get intimate with a married girl and she conceives my child and goes on to give birth to it. Then what rights/benefits(of any nature) can she claim from me or in what sorts of legal troubles can she get me in ? and what is the solution of those legal problems. Thank you.
Asked 4 years ago in Civil Law
9 Answers
Her husband can file for divorce on grounds of mental cruelty and adultery
2) you would be made co respondent in divorce case
3) wife guilty of adultery is not entitled to any alimony or maintenance
4) lady can seek maintenance from you for herself and the child
5) you can marry the lady after her divorce
Dear Sir,
1. The child will be allowed to get maintenance. Further, the child will also have a share in the property.
2. She can file a case of rape or sexual harassment. The same will not be tenable if it was consensual and no false promises were made.
Thank You
- For further assistance, you can book a consultation with me.
Your child through her will be entitled to right in your ancestral property as you son. As she is married to other man she has no right over you. She cannot seek any relief from under Hindu Marriage Act, 1955 or other laws. For further clarification you may contact me through Pathlegal. Hit the like button if the advice is useful to you.
No doubt that woman cannot claim any rights over you for this illicit relationship between you and her.
But if she proves that this child is born to you through her out of your illicit affairs with her, then you has to accept the fact that you are the biological father of the child.
The child is entitled to it's rights in you at par with your other legitimate children.
- Supreme court declared that , when a man and a woman in love live together , is part of the right to life and not a criminal offence, and further live-in relationships is legal in India.
- Further, being a Hindu lady she cannot do second marriage without taking divorce from her husband , hence she cannot claim any right from you after the birth of child.
She can force you to marry her in default of which a case of rape can be filed against you.
The child born out of this will be entitled to maintenance along with right of inheritance from you.
1. She will have the right to claim maintenance for yourself and child from you.
2. The child will be your Class 1 heir and will have right to inheritance to your properties.
3. She can embroil you in multiple legal troubles. The only solution is to not get 'intimate' with a married woman.
She can get divorced as her husband may demand divorce on grounds of adultery.
She may demand maintenance for herself and her child. She may also file criminal cases against you for rape criminal intimidation extortion in order to save her marriage.
