1. she can file a RAPE case,

2. to defend yourself, you have to prove that the relationship was not perforce rather it was a mutual relationship,

3. if you are the biological father of the kid, then he can claim a share in your property,

4. to safeguard yourself, you can file a police complaint against her about extortion, blackmailing, etc

5. you can also settle the issues amicably involving your family, friends, etc.

6. If not today then tomorrow, everyone has to know, so take a step now to stop routine harassment,

Record their threats 

it was consensual sex and no case of rape is made out 

the fact that she was silent for all these years shows it was consensual sex 

file NC with local police station regarding threats received from your sister in law and her family members 

no need to bow down to pressure tactics 

This was a consensual act and that too it took place long ago. 

Therefore it cannot be considered as rape nor with the the proof of DNA test you cannot be held as her biological father to the child. 

They cannot proceed legally against you. 

No case is maintainable especially at this belated stage. 

You can ask them to proceed and inform them that you will challenge her allegations properly in court of law. 

You can also tilt the plate by a counter allegation stating that she had extra marital affairs with someone because her husband was impotent whereas for the purpose of extortion she is into this blackmail. 

You can even issue a legal notice warning her with legal consequences if she continues to harass you this way. 

1. Since your brother's wife was not a minor during your physical relationship with her in 1984 and moreover, why did she not object all these years, only proves that it was a consensual sex between you and her.

2.  Based on the above, she can't file a rape case against you as it's time barred and so far she has not raised her voice.

3.  Through DNA test, the father of the child can be found out.

4.   You can convince her that you will be dividing the property equally, after your mother's lifetime, and giving your brother's wife equal share.

Absolutely no legal issues are involved. It was consensual sex and adultery is no more a crime after judgment of SC. However, child is born from you though illegitimate he have equal share with your legitimate children in you ancestral property but not in your self acquired property. Apart from share in your ancestral property no legal implications arise, civil or criminal.

Advice: Assure her she will get what is due to her son, you can as goodwill share something to avoid crises in family.

Dear Client,

a woman can file a rape case even after many years but at the same time she needs to explain the reason for delay and has to prove the same in legally convincing manner. if your sister law really files a case for Rape, then you can file for a defamation case against her and also harassment case. it is difficult to prove it consensual because, in these kind of cases, even if there is a contract between the parties (just say), one can deny during the time of act. you will need to hire a good lawyer if things happen to be proved in the court. medical examinations will be conducted to know if he is your biological child. you can also mention this point of black mailing against her in the court. it will consider the testimony of witnesses, your family members etc in this case who can testify your past relationship with her. 

For the offense of Rape sexual intercourse has to be against the will of the woman. You have not mentioned anywhere whether the same was forceful or not? 

However, believing that the same was out of consent the same does not amount to Rape. Filing of a case at this point of time will just hamper your social status and will not lead to any conviction. The advice is being given on the basis of the facts given by you. 

Regards 

if she files any such false case take anticipatory bail and then you need to contest the same in trial. she needs to prove the same as burden of proof is on her

your brother wife is not serving food to him also. She also had affair with someone. 

so it seems that problem is solved. 

Her blackmailing is good defense. 

You have to go through criminal case and secret coming out open in family 

Note - The advice is being given on the basis of the facts given by you, absolutely free of cost irrespective of any charges paid by you to website .

DNA test would reveal whether you are biological father of child 

you will have to pay his maintenance 

you are not liable to pay maintenance to brother wife 

her marriage would not be void 

He is aged 18 years now, hence he is no more a kid.

He is not entitled for any maintenance at this age.

She is not entitled to claim maintenance from you for any reson.

1. A spouse has to live continuously in adultery only than the other spouse can file divorce  and obtain divorce and no question of declaration  of  marriage as void.
2. You need to pay maintenance of the child, not to his mother.
3. No court will take cognizance of offence  of rape after 18 years, as there is period of limitation for filing complaint of any offence including which  has long elapsed.
4. Court cannot force you and child to take DNA test after 18 years as that will create crises for all.

Dear Client,

no. you will not be liable to pay maintenance to your sister in law if adultery is proved. her marriage will not be void but it can be a ground for divorce between your brother and sister in law's if adultery is proved. as the biological father, you will have natural right to care for his illegitimate child. The right to be maintained, however, extends only upto the period of minority. court will consider all the issues to order if you have to pay the maintenance. 

In rape case no. But on civil case if she demands maintenance and the child is yours then yes you need to pay if court orders

- 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, as per Supreme Court, The acknowledged consensual physical relationship between the parties would not constitute an offence under section 376 (rape) of the IPC, i.e. rape charge cannot be invoked in case of consensual sex between two adults.

- Further, you must know the definition of Adultery: The word `adultery’ is defined as consensual sexual relationship between a married woman and an individual other than his/her spouse.

- The Indian Penal Code also recognizes adultery as a crime and a punishable offence. Section-497- Adultery “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

- Further, in such case, the wife shall not be punishable. From the above definition of Adultery, it is clear that there must be witness/proof of sexual relationship between the male and female and only friendship or love is not considered as Adultery.

- However, on 27.09. 2018, a 5 Judge Bench of the Supreme Court unanimously struck down Section 497 of the Indian Penal Code as being violative of Articles 14.

- Hence, you cannot be involved in any offence for the said relationship , if she filed a compliant before the police , and specially after a long period of incidence , the case will not maintainable.