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Suggestion relating to breach Of Trust / Cheating from spouse


12-Aug-2023 (In Criminal Law)
I have been married and have a 7 year of daughter. Lately came to know that I am not a biological father of the child. I have filed for divorce due to the adulterous life of wife. However apart from divorce I wish to punish this lady who has hurt, cheated me and fraudulently gave a child impregnated by one of her boy friend. This has hurt me and my family emotionally and now  will have to live with this for my entire life. I have showered my love over the child for all these 7 years as her real father and now in an instant I could loose all rights on that child. Such grave cheating and emotional torturing should be punished. Please suggest if I can file a criminal case of cheating and paternity fraud on my spouse eg IPC 415, 405 or 420.
Answers (2)

Answer #1
719 votes
How you came to know that a seven years old girl is an illegitimate child. Her medical or DNA examination for the same is illegal. In the fight of your matrimonial dispute, the ultimate sufferer is the child aged seven years. When the seven years old girl attains maturity and she voluntarily gets her medical examination or DNA examination conducted to know her actual biological father, only than you can claim on basis of that medical or DNA examination that you are not the father of that girl. I am of the view not to drag the life of girl in your matrimonial dispute.
Answer #2
532 votes
Yes indeed a complaint can be filed. Not even a complaint but also a notice can be given to the wife to let her respond on the basis of questions that why shouldnt an action be taken against her for such acts

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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