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baby born in extra marital affair custody of the child and maintenance


14-Feb-2023 (In Divorce Law)

I am a married man having the age 49`.I had no children.I had an extra marital affair with the lady she had already married a man who deserted her many years ago.Now she is carrying a baby in her womb and she says it is conceived by me.it is ninth months now .she gives birth soon.Now she demand lot of money from me for that baby.otherwise she threat.en me complaint to police or court.Frequently she says she will sell the baby for somebody else.We had the extra marital affair for the past two years and we had the relationship mutually.how can I save the baby and what the law says for me

Answers (1)

Answer #1
931 votes
If you admit the paternity of the child you can be held as biological father of the child to be born. This child born out of illicit relationship becomes your legitimate child. However there is no compulsion for you to continue with the relationship with your concubine after the birth of child. She may not be eligible for any compensation for the consensual sex she had with you, however she can claim maintenance for the child. This child will become entitled to your self acquired properties upon intestate death. It is better to inform and convince your spouse about this relationship and take the child to your home since you do not have a child from your spouse.
As your concubine is still somebody's wife, she cannot claim conjugal benefits or any material privileges as a right. However is your concubine agrees to give the child to your custody, you can have it with you, but she cannot sell the child, it is illegal and a criminal offence. She can be booked on a complaint by the biological father in this regard.

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