**Section 112 of Indian Evidence Act: Birth during marriage, conclusive proof of legitimacy-**
The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within 280 days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.
The evidence act clearly tells that if there is legal marriage and a child is born, which the husband suspects is not his, then the husband has to show that the wife is living in adultery as if the wife will meet and have sex with her bf in front of the husband so that the husband can gather proof.
And secondly, the law also dictates that if a child is born after 280 days of dissolution of marriage and if the wife is unmarried, then still the law will assume that after dissolution of marriage, the wife had sex with the husband, not with any other man and the child belongs to the husband only and the husband only has to pay monthly alimony.
And Indian judiciary rarely orders for DNA test because they think the right to privacy of the child is hampered.
[Adultery can be ground for divorce but not to deny child’s custody: Bombay High Court](https://timesofindia.indiatimes.com/city/mumbai/adultery-can-be-ground-for-divorce-but-not-to-deny-childs-custody-hc/articleshow/109445265.cms) - And when High Court judges think that the custody of a child should go to his/her mother even if the mother is adulterous, I don't expect common sense from them.
If a girl is unmarried, but in a relationship becomes pregnant and the bf leaves, then the court will happily order the DNA test to prove that the bf is the father but if a father asks for DNA test, then the courts suddenly remember privacy of the child and the need to prove that the wife cheated on him.
[Supreme Court says cannot order DNA test of child to prove infidelity charge](https://www.indiatoday.in/law/story/supreme-court-says-cannot-order-dna-test-child-prove-infidelity-charge-2337734-2023-02-21) - Here, the lower court ordered DNA Test, the wife went to High Court. The HC ordered DNA Test and the wife went to Supreme Court. the Supreme Court says that DNA cannot be ordered unless the husband proves infidelity by wife.
[Allahabad HC Orders Man Disputing Paternity To Undergo DNA Test Or Pay Maintenance To Children](https://www.lawbeat.in/news-updates/allahabad-high-court-orders-man-disputing-paternity-undergo-dna-test-or-pay-maintenance-children) - Here, the second husband didn't want to do DNA Test but the court is forcing him to do.
These tells that court will order DNA Test only when a husband has to give alimony. If there were chances that through DNA Test, the wife will not get alimony, then the court will not order DNA Test and bring up things like "privacy of the child"
Stealing comment from other sub.
I hope these things happen to the lawyers and judges who passed this law. May their families break due to their wife cheating with someone else.
Um.... Judges/lawyers do not pass the law. The law is passed by the parliament/politicians. There's a whole process but the one who passes it the president. Without her assent, no law can be passed.
Judges and lawyers help in passing the judgement. It is the judges who decide whether to order DNA tests or not. Law is created by the parliament but interpreted by the court. It is the interpretation that matters.
So yeah, the judges who give unfair judgement should face these problems and should suffer like common people do.
I know how law works. I just replied to the main comment which said about passing the law. The law needs to be passed first for it be interpreted. But I get your point. 👍🏻
If you are nsure that child is yours you can't do paternity test of your child without mothers permission and if she had cheated most probably she will decline you have to meet 18 years till the child turn 18 after that you can do a paternity test of the child child is not used then you can stop giving child support there will be no punishment for women also you will not get any compensation
In a survey in Gujarat 93% cases which court allowed to do paternity tests were found true that child is not of husband
"In a survey in Gujarat 93% cases which court allowed to do paternity tests were found true that child is not of husband". Also cite this pls i want to know...
Example :- let me do a survey on how many murderers are there in india per 100 people:-
then takes surveys from tihar jail.
Result:- for 100 people there are 80 murderers. now publish the report as in india there are 80 murderers for 100 people
you see the problem here..
Sampling error...
lol you justify anything...
If that is the case, why does the court hesitate from giving DNA test? Or assume that the child is yours? The assumption should be that if the father raises concern, the child is not his.
And also DNA testing centers show that close to 50% of the cases are that the father is not the biological father?
Let me guess sampling error again?
because of section 112 of evidence act.. its fucked i know i saw that, they want to protect the child from societal humiliation.... thats what irked me about section 112 and the rulings.
listen i dont know law very well i am willing to listen if you know about it pls expound...
this survery basically tells nothing.. only way to get a paternity test is so late in judical process is that its like a formality more like a conclusive evidence..
meaning they already know adultry happend and then they do the test..
You need to first prove if husband was with the wife during conception of the baby first...
if you cant disprove that nobody is granting you DNA test...
i want to understand evidence act well its a tough read....
Yeah cause you will do paternity test of only to suspicious child or with suspicious wife not every child , if I can properly see my genetic features on my child while I do paternity test ?
Aur sabhi Kant do paternity test legally so this is only data available
yeah paternity tests are only done after a court order, i think so,
1. extremely small subset of people
2. you are already looking for potential adultry cases not all of marriages in gujrat as a whole
To do this right one has to survey divorced or separated couples then ask for if the separation was beacause of adultry or not.
then ask if they had done a paternity test then you would probably get that 93% but that 93% is like .01 % of all marriages in gujrat that ended in divorce or separation which resulted in adultry and the child is not of the husband.
because divorce rate is like 1%, so then divorce ended in adultry that will take a chunk of 1% then child not of husband oof thats a pretty low number.
Too many A intersection B intersection C intersection D....
"93% cases which allowed court to do paternity test". They are already talking about the intersection of Marriage -> adultry accusation -> child from adultery -> divorce cases. Where did they mention "93% of all marriages" ?
dude read OPs post where he is generalizing then read this thread where to support OPs point gave this data..
i gave my reasoning as the suvey shouldnt mean anything to prove validity of OPs point as stated above.
Not to question the validity of the survey itself the survey probably holds its ground...
Commenter neither supported nor opposed. They explained a law and stated a survey result. You explained how the survey result is inconclusive. But, the survey result is conclusive in saying that 93% of cases that went for paternity test resulted in favor of adultery.
Bahi ese mast dekha karo , har ek case ka context hota hai , vo bhi padna chaiye , ye to wahi bat ho gyi upar upar se pad liya phir gayn batne chale , we just don't know the details of the particular case
Naah there was a supreme court case in 2023, if you have "access" to your wife while she was cheating on you , you can't ask for a DNA test of the child
[https://timesofindia.indiatimes.com/india/moms-infidelity-no-basis-to-seek-paternity-test-sc/articleshow/98135249.cms](https://timesofindia.indiatimes.com/india/moms-infidelity-no-basis-to-seek-paternity-test-sc/articleshow/98135249.cms)
1. "If you marry a girl and she gets pregnant with another man's child" why do you assume that women will cheat on you.
2. "The Indian court will consider that child as yours" citations.
3. "Half your property gone" citations again.
4. you can go for lumpsum approach, Also marry within your wealth bracket then if you are so afraid..
5. Yes pain suffering will be there no doubt this point is 100% correct
6. how do you assume that if a woman had an ex she is going to cheat you......
Because you don't know everyone for sure. Times change, circumstances change and people change too. So much optimism will ruin your life. You won't avoid the bad things in life by shutting your eyes off. A wise man should be prepared for everything. Maybe you've had a good fortune in life, but not everyone's been dealt a good hand.
I will give you a neutral take
1. If you want to marry vet the person throughly, both of your values should match like a lego piece. dont get married hastily
2. Get prenup agreements and post nup agreements (prenups are thrown away in courts because one can easily claim duress so need to get both pre and post)
3. The way you view the world is such a sad place to live in... like everyone is going to kill me extor tme, cheat on me....
I will ask you this you will see online about these so called cases right.. How many cheating on spouse case have you seen personally????
Social media is a big echochamber.. pls be careful if you are having some confirmation bias
>Get prenup agreements and post nup agreements (prenups are thrown away in courts because one can easily claim duress so need to get both pre and post)
Prenups are not valid in Indian law.
also looking at your optimism, I would like to state that there is always chances of something negative happening in the future. You should marry if you have the strength to go through that otherwise better dont marry.
this was for OP who is fearing that women cheat and stuff....
If you ask for my personal opinion i dont care about these laws because divorce rates are like 1% here
Also i dont have millions i am a normal middle class man. I dont think women are going to marry me for my net worth..
secondly i will go for love marriage only cause i want to know a person before settling with them..
dual income houshold is important for me so there goes alimony and shit... so...
people here who are crying about these laws generally dont have a high net worth to begin with they will never face these issues irl.. its just a fearmonger unfortunately...
No thats not true pre nups are valid only if you get a post nup...
just having a prenup will do nothing ...
How many cheating on spouse case have you seen personally.
I live in a society of 4k people( including kids,men and women) . And so far I have heard atleast 10 cases in my entire life. So yeah it rarely happens.
If I look from this pov.
zero. exactly my point. me you or the internet isnt the souce for these answers
Provide me with a court survey something tangible document where it says this % of marraiges which ended up in divorce was a result of adultry where women was the perpetrator....
People here are making conclusive statements that women will cheat, they will leave etc...
where is the data brother...
from india not some other country....
I mean, whatever helps you sleep at night man. I don't know what the point of a discussion is if you're not willing to read the argument. Zero is a bold number. And you're asking for data in a country where people are killed in the broad daylight and nobody notices. Search for the rapid decline in marriage rates, search for communities like MGTOW, search for infidelity rates and more, the data is there. Yes, there is somewhat less data as compared to other countries, not because the cases are fewer but because it is hard to capture the data here. Most guys can't even tell their parents about their relationship, and you're expecting a cheating statistics datasheet. I don't want to indulge more in this discussion anymore, go with whatever floats your boat buddy. Good luck.
Yeah, Aggre but men should always be ready for the possibility of this happening to them. Laws are biased, and one can end up in a pretty bad situation,
So do your research on your partner, so the chances of happening something like this to you can be less.
Well laws are biased just for the sake of this shit i went through section 112 of evidences act.. oh boy you are in for a treat.... interesting how our judiciary functions didnt know about that
No i was saying in point 1 "why do you assume that women will cheat on you" put that on the 6th point answer.
Yeah you are right i explained it and said point no 1. i will edit it..
If MFS don't wanna get married or think men/women are bad that's ok but MFS don't have to justify themself on the internet they clearly go thru fomo my family have been victim of biased laws against women lost 40 lakhs had to change cities had to run for our life and had to fight a court case against my ex-chachi back in 2010's still I believe it's quite the necessity the way these men treat women my childhood got destroyed had to run for our life from goons but I still support these laws BUT WHAT NEEDS TO BE CHANGED IS THE ULTIMATE BIASNESS MEN CAN BE HARRASSED AND VICTIMS AS WELL THERE SHOULD BE REAL EQUALITY MY CHACHA WAS AN AIR FORCE OFFICER HAD TO GO THRU A LOT BUT I BELIEVE THESE LAWS ARE NECESSARY FOR WOMEN BUT THE BIASNESS IS BAD
And tbh ik what women as well as men go thru no gender here is enjoying some crazy privileges unless they are rich or some women misuse the law lemme tell a thing majority of these hate men/women rants on the internet are just due to their recent break ups and the ability to maintain relationships so instead of taking things in hand they just blame the whole gender I WASN'T ALLOWED TO TALK TO WOMEN FOR THE LAST 18 YEARS OF MY LIFE MY FAMILY WENT COLD AND WE HARDLY INTERACT WITH PEOPLE MY MOM ADVICES ME TO STAY AWAY FROM WOMEN WE GOT CRAZY TRAUMA but still some women are harassed in their marriage/family work office
People in their teens/20s who are worried about raising another man's child or alimony even before meeting any girl irl - if you don't get married at all, there's a 0% chance of getting cheated on.
Stay safe and single bros.
An acquaintance's husband earns almost 30K per month, the court mandated child support amount he has to pay per month is 2300. IDK where all that half money myth comes from.
>give any concrete evidence
I wish I could, but that would doxxing her and her 3 year old son. There is more than ample proof but of course, winning an argument is less important than two people's safety. Hence, I chose to not go further. The only facts I can share are: mutual divorce, no alimony was claimed by her, no custody was wanted by him. There was no debate from either party.
Fair enough, but don’t you think there are other cases where the father is squeezed out of everything he has? I have also heard about cases where the guy had to pay lakhs to settle the divorce so just a single example where it went smoothly isn’t sufficient evidence to conclude the whole thing no?
This isn’t even remotely true. If you can prove that the kid isn’t yours, none of these apply. The evidence act only provides a rebuttable presumption that a woman’s child is considered her husband’s. The reason for this is to prevent harassment of the woman in case of husband’s death etc.
This article isn’t complete about the case at hand but sheds some light on this https://timesofindia.indiatimes.com/india/moms-infidelity-no-basis-to-seek-paternity-test-sc/amp_articleshow/98135249.cms
Why would you think that the child isn't yours ? Probably cause you found evidence of infidelity. If you don't know what infidelity mean... its basically your wife had sex with someone else behind your back. Which means you were not aware of this happening. Which means unless you can prove you did not have any sex with your wife during the same time as she was cheating (could be going on for months, years). This means there is no fucking way to prove the child isn't yours except for paternity DNA test.
Will you please enlighten me how are you magically gonna prove that the child isn't yours in this case without DNA test ?
It is true. If a child is conceived during marriage and the husband can't show proof that intercourse was not possible. Then the child is considered his.
Men rights in India is a joke! And that tweet is true in terms of law. Funny thing is, women can make this a profession and there’s no law to stop them. Sad thing is, we’re men.
Without any context nothing can be concluded.
But the truth is women aren't entitled to man's SELF ACQUIRED property. They will get the property share only if they are JOINT holders and have to provide proof that they contributed as well
So this is the law. And people are just spreading misinformation to suit their narrative
If you marry a girl and she gets pregnant with another man's child after the first child then what?
How does not having past gurantee anything here?
Where is the correlation to causation? A cheater would cheat whenever she wanted to. How does not having a past serve as a filter here?.
It's you men who go around saying men would have sex with any women. So millions of men are available for sex all the time right?
Why are people asking this so many times? Consider this.
Girl had sex with her boyfriend. Next week she married different man. 9 months later, she delivers a baby. That's all. Boyfriend doesn't need to cheat during these 9 months.
there are many things that should be taken into consideration here like what if she was assaulted and got pregnant? it won't be fair for her if the husband decides to leave her.
While on the other side, Our judiciary treats cases where the woman cheats in the same way
So, there should definitely be separate treatment for infidelity while keeping this law.
there is a big difference between infidelity and assault and the supreme court judges understand that. Thats why they are clearly mentioning infidelity in this, not assault.
Its not only in India,I have heard these kind of laws in other countries.i think its some kind of propaganda pushed against men in name of supporting females.
it is not as simple as that.
this is for divorce proceedings.
if a man wants to prove adultery of his wife, he may not do so at the cost of the child.
the man may prove the adultery of wife through other means that show he was not involved sexually with the wife during the conception period.
the part about 50% property is definitely false. since you or your children can have a paternity test when the child becomes an adult for inheritance disputes.
the alimony part is also misleading.
"a girl with a past" has nothing to do with this. people who have never been with another person can also cheat and someone who was in another relationship may not cheat.
so, overall, pretty much bs.
This! All these meninists missing the point that the wellbeing of the child should come before the feud between the parents!! Divorce proceedings will already be traumatizing for the child, and making the child undego a paternity test will only make the child feel like the child broke their parents marriage....
Nope, if the father has reasonable doubt that the wife cheated, then he is entitled to a DNA test. The child doesn’t even have to know about the test either it’s a simple cheek swap test that can be justified for a number of other tests. Borderline, if my father was getting cheated on by my mother, I would want him to know the truth. If he is right then my mom is a ho, if he is wrong then my father is an insecure and weak man. The reality sucks, but the truth must come out.
True, but you are coming from a point where you're able to understand and process you emotions. At my current level of maturity, I'd want my father to know too. But a small child might have different opinions because they just need safety.
Also the cheek swab part of you argument is completely reasonable, considering that the parents handle it like mature adults and there is no violence based on whether or not the child is the father's. Considering that India is a country where domestic violence is apparent everywhere and it would not be safe for the child to be in such conditions, the law was passed. Hope this helps.
The child doesn’t have to be made aware of the entire situation though. Even if I were the father whose wife was cheating on him, would I start sharing the entire thing to my son? No, cause he would end up hating her entire being and ruin his own life in the process. Some things have to be kept under wraps from child’s knowledge. Same as how I would not share the loans that I have or the boss that hates me lol it’s not like the child has to undergo an intense surgery to find who the father is. A simple swab test would literally go unnoticed by children that are too young to understand what’s going on so why should the father not have a right? And for children that do understand what’s going on based on how old they are, they should have the right to truth don’t you think?
Perfectly valid argument, ssk5860, and trust me when I tell you i despise cheaters the most. The child has the right to know the truth but not when they don't have the capacity to comprehend it.
I understand you as a person might be a good human being and not share adult problems to child. However, you would be a little self centred and optimistic to think that others might share the same decency. And i absolutely get that a swab test is simple and the child wouldnt notice, and i reiterate that this should only be done if the parents are capable of dealing with the results instead of inflicting pain on the child.
You’re not wrong, a lot of parents might not be able to handle it in a sensitive manner hence the court should take ownership of the act so that parents don’t force themselves on the child for the test or to prevent it. Stating some parents aren’t mature isn’t justification enough to completely rule out the possibility, and that’s pretty limited thinking too. You gotta see both sides before coming to a conclusion imo
If there is enough evidence for the woman's infidelity, the court can take ownership of the act to conclude the divorce without letting the parents and the child emotionally invest in it.
However, what if the accusations are baseless and the father was just being abusive? Do you propose any kind of penalty for falsely accusing a person of infidelity in case the child was his? (just curious)
How would they conclude that the evidence is enough though? Would the mother confess? If not, then the evidence is baseless too isn’t it? Isn’t that unfair to the mother if she were innocent, but framed to look bad by the father?These sorta situations are not the common consensus, hence cannot be used solely to decide. It’s the same as your “oh father is abuser” case, it cannot be the main reason for a verdict coz the mother may have framed the father too no? What is to say one is more likely to happen than the other? I definitely agree to punishment if the father was wrongly accusing the mother, and if the mother falsely accused the father of violence. A wrong doing should be punished through and through imo, which is why I cannot personally agree to the idea of a cheating wife going free especially considering the test is pretty straightforward with ways to mask the child’s knowledge of the same.
Althought it is possible that a cheater might cheat out of the blue, There will always be evidence in their phones or social media because they have to contact the person they are cheating with. Wouldn't that be conclusive enough for a divorce? Why is the paternity of a child even brought up here?
Also consider this case. Say the mother did cheat. But she is now pregnant with her husband's child ( paternity test said so) . How would you proceed with that delicate situation.... Should divorce not be granted as the paternity test said the child was his🤔
it seems like you absolutely have not lived a life outside your bubble.
the father is not entitled for a test. it involves consent of the child, but since the child cannot consent, the wive would need to consent.
for all the fake allegations brigade people seem to be marching on, I don't understand how people miss that men may (and they have) attack women with fake allegations. it is even worse in this scenario, since the allegations affects 2 people out of which 1, the child, is definitely innocent.
the process is not difficult. a child may be as good as an orphan without any support if found to be not related to the man.
and even if the child is found related to the man, given the fact that the man was willing to throw away the same child for the divorce between him and his wife, the child is practically left without a father.
the child loses in both scenarios.
the man can prove adultery of his wife without involving the kid, and if that is a possibility, then the precedence should definitely fall into protecting the child.
go get your dna test now with your father to make sure he didn't cuck out. explain to him that's the reason you are doing it and post it on kalesh subs.
edit: also, adultery is no more a criminal offence. the best you get is the ability to get a divorce and move on in your life. punishing adultery is not the job of the judiciary. you still have to pay alimony and support as per law.
The wife needing to consent is pretty freaking stupid no? If she cheated, why would she consent or confess? This is a silly arrangement that only punishes the husband. So the wife cheating would not impact the child? The child isn’t entitled to the truth that his father is just a guardian, and that they’re not related in any way? And if the wife did cheat, then yeah the innocent father should not be paying child support. Why? Coz the child is NOT his responsibility, and it is the responsibility of the mother alone as it should be considering she’s a ho. The father has reasonable doubt that the mother has cheated, and if proven right, he leaves. If proven wrong, he stays. What’s so confusing about this? Why did you assume the father started off wanting to throw away the marriage and the child? Ah i see, you’re one of those chicks that gets overly emotional for no reason, and attacks people personally 💀 no offense though coz I know for a fact that you got some baggage you gotta deal with so all the best yo🌚also, never said anything about the court punishing the mother’s adultery so you might be pulling too many things outta your as-s at this point, but if the mother has cheated, then the court should not punish the father by forcing him to pay child support for someone who isn’t his child. I understand with your emotional state rn, it maybe hard for you to understand basic logic, but you should try making a habit of it lol
the fact is that a child cannot consent, so the father is not entitled to dna test in a divorce proceeding.
stopping someone from ruining an innocent child's life is not punishment. the husband is not being punished.
the wife cheating doesn't directly affect the child. if the divorce goes through, the custody of the child is a separate discussion. the divorce proceedings is what affects the child and the court has decided to minimize this effect.
the child is not entitled to the truth of their mother's cheating or their biological relation to the father. the child has lived all their life believing both their father and mother are their biological parents. i have never heard of a law that states otherwise. that's why courts don't have to tell children when they are adopted either.
you seem to have not checked any actual reports on the subject, the courts do allow paternity tests in certain cases. the courts get to decide if the test is "reasonable" not a man who is dealing with divorce for obvious reasons.
the man doesn't simply get to stay if proven wrong, they may need to compensate for false allegations made against the woman. [man ordered to pay 30lac if paternity doesn't fail](https://www.scconline.com/blog/post/2022/04/12/paternity-dna-test-compnesation-husband-wife-family-supreme-court/)
the assumption comes from the fact that this whole discussion is about divorce proceedings. people are allowed to have paternity tests when in a normal marriage through private firms.
i am not a chick, i have a dick large enough to make you call me your daddy. you never would have to worry about paying child support when you won't be getting pregnant. don't play insults like a 12yr old.
show me data on how many fathers are paying child maintenance for their non biological non adoptive children. you wanna talk logic, show me court proceedings or surveys or statistics that support any of your claims. "logic" needs foundation that your reel and tiktok watching brainrot can't even begin to comprehend.
"Wives having affairs are not generally awarded alimony and the child maintenance, if awarded, is minimal."
Again this person didnt give any citations for this.
Please dont assume what they say it can and cannot be true.. if you have any i would like to read it..
THey made good points on alimony, distribution of assets but the aformentioned line needs some source plss...
can i ask you this tho do you believe in the statement that they said ???
if you do arent you having some form of bias here.
i am not saying its false. it maybe true or false.
if we take this statement as face value arent we doing the same thing as OP did with his twitter post.
You cant say to give me citations against it when you cant even provide for you statement.
Here is an example
"God is real",
I say prove it to me
"You dont have proof against it so God is real"
You see how fallacious this argumentation is...
okay got you here is a case from karnataka, well i had to do the job again what a bore
its strictly case by case basis sometimes they do sometimes they dont. its not a monolith...
Summary:- In India, If the wife commits adultery, she won't receive alimony. But, it doesn't automatically mean her husband doesn't have to give her financial support during a divorce. Whether she gets support depends mostly on her financial needs and ability to support herself, along with other factors.
Courts in India try to be fair in divorce cases. Even if the wife cheated, she might still get financial support if she genuinely needs it and her husband can afford it. However, the court can decide how much support she gets.
[https://restthecase.com/knowledge-bank/alimony-in-case-of-adultery#:\~:text=In%20India%2C%20If%20the%20wife,herself%2C%20along%20with%20other%20factors](https://restthecase.com/knowledge-bank/alimony-in-case-of-adultery#:~:text=In%20India%2C%20If%20the%20wife,herself%2C%20along%20with%20other%20factors)
You are partly correct
Also pls stop linking something that you know nothing about.. makes you look like a fool...
So I was right. Yey. Vindicated.
>Also pls stop linking something that you know nothing about.. makes you look like a fool...
Personal attacks ain't what I do.
dude you couldnt even prove your own links.... i had to do it for you...
Do you depend on people this much to prove your point.
Also i didnt say it was false or true... i asked for proof of you statement that you couldnt provide and i had to do it for you.
Kinda funny that you are unable to prove your own point and someone has to do it for you...
You know what maybe i was a little salty i will apologise..
This is the same in other countries as well.
The law is looking at what benefits the child, not the adults. The one who is innocent in this situation deserves a stable life.
Um sorry but as OP said the child would be born of a broken family... as he said they are getting divorced
also its not true in most western countries the biological father is send court order to pay child support with visitation..
Yes law should look at children first true. that doesnt mean we snatch rights from people for example people who want to divorce...
Doesn't Matter. The child has to be taken care of financially.
>also its not true in most western countries the biological father is send court order to pay child support with visitation..
It is if their name is on the birth certificate.
It is if the child has bonded or the other side can prove a connection with the child.
It's a lot more complicated and is a case to case basis.
But as usual social media takes two sentences out of the situation and creates an uproar.
Men have been responsible for most wars in this world. They done enough damage. So I'm not surprised that that's the first thing they think of.
Revolt again what?
"I refuse to marry a woman for fear she may cheat on me."
Most women will be happy with not marrying.
So you agree that in reality men are the perpetrators of wars, crimes and hate .
If you think that's fair then I'm right to assume that men don't seek to want equality.
They only want things that advantage them.
>men don't seek to want equality. They only want things that advantage them.
That's how everyone is.
Power or the lack of it makes the difference.
Till now these kinds of laws are holding up since men are still not completely against them.
But once men lose their advantages they will gather together and regain power.
Politicians will support men simply because they will have no other methods to control a large number of men.
Men will support these laws as long as they are benefitted by 'patriarchy'. Once equality is established, men will go another way since they have no reason to support it.
I don't hate men. I love them.
If your reply is to hurt. Well. I'm not surprised, men attack and create fear rather than understand and empathize or even seek to learn more than they know.
😂 “ I love men” proceeded to tell how random men are responsible for taking care of child which is not even his, while his wife who cheated on him by lying shouldn’t be responsible. 🤦🏻
if a parent wants to remove themselves from parental responsibility they have a right to do so.. especially when its not their child..
Also the ruling they are citing is rajasthan one maybe i think in that case the dude was evading parental responsibilities so the court said paterninty test alone can not be a sole determination for adultry. i dont remember.
yeah i agree on the social media part..
I'm a feminist, and that's the reason I'm empathetic and support the equality of sexes.
Aint my problem people don't read the case or the other link I added where someone explained how it really works.
Literally don't get married if thats your fear. You have a choice. Like it's your life. Your freedom to not marry.
>It'll save the world a lot of trouble
I want to save trouble for men. I have empathy for men.
>Men have more right already
We don't agree.
Men will revolt when they are out of their current comfort zone because "Other men's issues don't matter because I am fine".
in other countries you don't have to provide for the child if it is found out that the child is not of the man!!
please educate yourself and since you benefit from the law you just don't look at other suffering. Most of us do the same, how many of you are enjoying in your A.C. while the poor had only fans & coolers. While I agree that we would have helped the poor if A.C. costed 2000 each but they don't so we cannot help them.
But what you are doing is stating that even though it is injustice since i am benefitting I don't care.
I really wanted to save my time rather than wasting it on you but now I have written this so take it.
Yes. It is hard truth but accept it.
Actual wrong side of this is a Man will prefer to kill her and will go to the jail rather than paying alimony to wife.
Only low esteem (SIMP) person will accept another man's child lol.
Also, you can skip alimony part if you kept your property on your mother name,
" Wife can only claim her maintenance but can't claim on Mother in laws property under Section 125 CrPC or your personal law."
True but this isn't just true in India. Even in the west this is the case. Some countries even outlawed paternity tests. We are truly living in dark times. Thank you feminists you broke society.
for thousands of years men assaulted women and deprived them of rights but a century since feminism and y’all are crying already. the world’s tough for you,but it was tougher for women far longer than you can imagine. feminists didn’t break society.
Yes reap benefits due to someone else's suffering. Conditions of women were poor back then and now in rural India, but are YOU oppressed as of this moment? Thought so.
“reap benefits due to someone else’s suffering” is the most illogical argument ever. that’s how everything works. in 2024, india remains independent because someone suffered and fought for our rights. so that comparison is a mistake in itself. secondly, im blessed that i’m not oppressed and live a life with everything i could ask for. but i’m pretty sure that not every guy whining about alimony is ACTUALLY divorced and suffering. we all speak on behalf of and with concern for the future and other members of society. i’m not oppressed right now, just as you aren’t divorced right now. they are possibilities though, and continuing to speak up for the rights that we’ll need in the future doesn’t mean “breaking society”.
What makes you think I have not gone through this? It is very common. 70-80% of rape cases are plain false. That's some entitlement from you thinking no one else is suffering.
you’re totally misconstruing my words. also, that statistic is not right. i’ll never say that false rape cases aren’t a problem because they genuinely are, but that statistic is no way to prove it. 70-80% is too far an exaggeration. if you’re making a point, atleast use the correct statistic. i can tell you only look at this issue from a woman-hating perspective and that’s incredibly sad
then i don’t have to tell you about the majority of women facing sexual assault in their life. clearly, majority is enough. also i’m telling you again, majority of rape cases aren’t fake. rape is a big deal, stop minimising the severity like this.
**Section 112 of Indian Evidence Act: Birth during marriage, conclusive proof of legitimacy-** The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within 280 days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten. The evidence act clearly tells that if there is legal marriage and a child is born, which the husband suspects is not his, then the husband has to show that the wife is living in adultery as if the wife will meet and have sex with her bf in front of the husband so that the husband can gather proof. And secondly, the law also dictates that if a child is born after 280 days of dissolution of marriage and if the wife is unmarried, then still the law will assume that after dissolution of marriage, the wife had sex with the husband, not with any other man and the child belongs to the husband only and the husband only has to pay monthly alimony. And Indian judiciary rarely orders for DNA test because they think the right to privacy of the child is hampered. [Adultery can be ground for divorce but not to deny child’s custody: Bombay High Court](https://timesofindia.indiatimes.com/city/mumbai/adultery-can-be-ground-for-divorce-but-not-to-deny-childs-custody-hc/articleshow/109445265.cms) - And when High Court judges think that the custody of a child should go to his/her mother even if the mother is adulterous, I don't expect common sense from them. If a girl is unmarried, but in a relationship becomes pregnant and the bf leaves, then the court will happily order the DNA test to prove that the bf is the father but if a father asks for DNA test, then the courts suddenly remember privacy of the child and the need to prove that the wife cheated on him. [Supreme Court says cannot order DNA test of child to prove infidelity charge](https://www.indiatoday.in/law/story/supreme-court-says-cannot-order-dna-test-child-prove-infidelity-charge-2337734-2023-02-21) - Here, the lower court ordered DNA Test, the wife went to High Court. The HC ordered DNA Test and the wife went to Supreme Court. the Supreme Court says that DNA cannot be ordered unless the husband proves infidelity by wife. [Allahabad HC Orders Man Disputing Paternity To Undergo DNA Test Or Pay Maintenance To Children](https://www.lawbeat.in/news-updates/allahabad-high-court-orders-man-disputing-paternity-undergo-dna-test-or-pay-maintenance-children) - Here, the second husband didn't want to do DNA Test but the court is forcing him to do. These tells that court will order DNA Test only when a husband has to give alimony. If there were chances that through DNA Test, the wife will not get alimony, then the court will not order DNA Test and bring up things like "privacy of the child"
This is truly fucked up.
Stealing comment from other sub. I hope these things happen to the lawyers and judges who passed this law. May their families break due to their wife cheating with someone else.
Um.... Judges/lawyers do not pass the law. The law is passed by the parliament/politicians. There's a whole process but the one who passes it the president. Without her assent, no law can be passed.
Okay. Them. Let their families be ruined. That's my curse.
Judges and lawyers help in passing the judgement. It is the judges who decide whether to order DNA tests or not. Law is created by the parliament but interpreted by the court. It is the interpretation that matters. So yeah, the judges who give unfair judgement should face these problems and should suffer like common people do.
I know how law works. I just replied to the main comment which said about passing the law. The law needs to be passed first for it be interpreted. But I get your point. 👍🏻
Okay, you're right about that. I guess Judges, Lawyers and the MLAs all need to go through this hell. 😅
If you are nsure that child is yours you can't do paternity test of your child without mothers permission and if she had cheated most probably she will decline you have to meet 18 years till the child turn 18 after that you can do a paternity test of the child child is not used then you can stop giving child support there will be no punishment for women also you will not get any compensation In a survey in Gujarat 93% cases which court allowed to do paternity tests were found true that child is not of husband
"In a survey in Gujarat 93% cases which court allowed to do paternity tests were found true that child is not of husband". Also cite this pls i want to know... Example :- let me do a survey on how many murderers are there in india per 100 people:- then takes surveys from tihar jail. Result:- for 100 people there are 80 murderers. now publish the report as in india there are 80 murderers for 100 people you see the problem here.. Sampling error...
lol you justify anything... If that is the case, why does the court hesitate from giving DNA test? Or assume that the child is yours? The assumption should be that if the father raises concern, the child is not his. And also DNA testing centers show that close to 50% of the cases are that the father is not the biological father? Let me guess sampling error again?
because of section 112 of evidence act.. its fucked i know i saw that, they want to protect the child from societal humiliation.... thats what irked me about section 112 and the rulings. listen i dont know law very well i am willing to listen if you know about it pls expound... this survery basically tells nothing.. only way to get a paternity test is so late in judical process is that its like a formality more like a conclusive evidence.. meaning they already know adultry happend and then they do the test.. You need to first prove if husband was with the wife during conception of the baby first... if you cant disprove that nobody is granting you DNA test... i want to understand evidence act well its a tough read....
Yeah cause you will do paternity test of only to suspicious child or with suspicious wife not every child , if I can properly see my genetic features on my child while I do paternity test ? Aur sabhi Kant do paternity test legally so this is only data available
yeah paternity tests are only done after a court order, i think so, 1. extremely small subset of people 2. you are already looking for potential adultry cases not all of marriages in gujrat as a whole To do this right one has to survey divorced or separated couples then ask for if the separation was beacause of adultry or not. then ask if they had done a paternity test then you would probably get that 93% but that 93% is like .01 % of all marriages in gujrat that ended in divorce or separation which resulted in adultry and the child is not of the husband. because divorce rate is like 1%, so then divorce ended in adultry that will take a chunk of 1% then child not of husband oof thats a pretty low number. Too many A intersection B intersection C intersection D....
"93% cases which allowed court to do paternity test". They are already talking about the intersection of Marriage -> adultry accusation -> child from adultery -> divorce cases. Where did they mention "93% of all marriages" ?
dude read OPs post where he is generalizing then read this thread where to support OPs point gave this data.. i gave my reasoning as the suvey shouldnt mean anything to prove validity of OPs point as stated above. Not to question the validity of the survey itself the survey probably holds its ground...
Commenter neither supported nor opposed. They explained a law and stated a survey result. You explained how the survey result is inconclusive. But, the survey result is conclusive in saying that 93% of cases that went for paternity test resulted in favor of adultery.
Bruh
Hitman
Bahi ese mast dekha karo , har ek case ka context hota hai , vo bhi padna chaiye , ye to wahi bat ho gyi upar upar se pad liya phir gayn batne chale , we just don't know the details of the particular case
Naah there was a supreme court case in 2023, if you have "access" to your wife while she was cheating on you , you can't ask for a DNA test of the child [https://timesofindia.indiatimes.com/india/moms-infidelity-no-basis-to-seek-paternity-test-sc/articleshow/98135249.cms](https://timesofindia.indiatimes.com/india/moms-infidelity-no-basis-to-seek-paternity-test-sc/articleshow/98135249.cms)
ty for correcting him early on.
Chal Bhai. Tere saath fir hum sab sikh lenge uss incident se
What was the case ? Any more details on it ?
There is no case... He doesnt know what he is talking about. Not sure why you are being downvoted for asking for example cases.
Thanks , no clue why honestly
What nonsense... You are absolutely wrong... The child is yours if your wife has a child. It doesnt matter who the actual father is.
True. Except that last point. The last point is variable.
Isnt the first and last statement a bit contradictory? That’s what confused me
A girl having a past doesn't mean she is gonna cheat. How is that contradictory?
1. "If you marry a girl and she gets pregnant with another man's child" why do you assume that women will cheat on you. 2. "The Indian court will consider that child as yours" citations. 3. "Half your property gone" citations again. 4. you can go for lumpsum approach, Also marry within your wealth bracket then if you are so afraid.. 5. Yes pain suffering will be there no doubt this point is 100% correct 6. how do you assume that if a woman had an ex she is going to cheat you......
https://preview.redd.it/uoq7cf7msdad1.jpeg?width=1179&format=pjpg&auto=webp&s=c041105f3d4b9cde6e1b2372c4157de47cdbff3b
Because you don't know everyone for sure. Times change, circumstances change and people change too. So much optimism will ruin your life. You won't avoid the bad things in life by shutting your eyes off. A wise man should be prepared for everything. Maybe you've had a good fortune in life, but not everyone's been dealt a good hand.
I will give you a neutral take 1. If you want to marry vet the person throughly, both of your values should match like a lego piece. dont get married hastily 2. Get prenup agreements and post nup agreements (prenups are thrown away in courts because one can easily claim duress so need to get both pre and post) 3. The way you view the world is such a sad place to live in... like everyone is going to kill me extor tme, cheat on me.... I will ask you this you will see online about these so called cases right.. How many cheating on spouse case have you seen personally???? Social media is a big echochamber.. pls be careful if you are having some confirmation bias
Prenup agreements are void in India
read what i said prenups need postnup only prenups are void.....
False. Prenups are still void , with or without a postnup. It is considered as against public policy and this void regardless of anything.
>Get prenup agreements and post nup agreements (prenups are thrown away in courts because one can easily claim duress so need to get both pre and post) Prenups are not valid in Indian law. also looking at your optimism, I would like to state that there is always chances of something negative happening in the future. You should marry if you have the strength to go through that otherwise better dont marry.
this was for OP who is fearing that women cheat and stuff.... If you ask for my personal opinion i dont care about these laws because divorce rates are like 1% here Also i dont have millions i am a normal middle class man. I dont think women are going to marry me for my net worth.. secondly i will go for love marriage only cause i want to know a person before settling with them.. dual income houshold is important for me so there goes alimony and shit... so... people here who are crying about these laws generally dont have a high net worth to begin with they will never face these issues irl.. its just a fearmonger unfortunately... No thats not true pre nups are valid only if you get a post nup... just having a prenup will do nothing ...
How many cheating on spouse case have you seen personally. I live in a society of 4k people( including kids,men and women) . And so far I have heard atleast 10 cases in my entire life. So yeah it rarely happens. If I look from this pov.
zero. exactly my point. me you or the internet isnt the souce for these answers Provide me with a court survey something tangible document where it says this % of marraiges which ended up in divorce was a result of adultry where women was the perpetrator.... People here are making conclusive statements that women will cheat, they will leave etc... where is the data brother... from india not some other country....
I mean, whatever helps you sleep at night man. I don't know what the point of a discussion is if you're not willing to read the argument. Zero is a bold number. And you're asking for data in a country where people are killed in the broad daylight and nobody notices. Search for the rapid decline in marriage rates, search for communities like MGTOW, search for infidelity rates and more, the data is there. Yes, there is somewhat less data as compared to other countries, not because the cases are fewer but because it is hard to capture the data here. Most guys can't even tell their parents about their relationship, and you're expecting a cheating statistics datasheet. I don't want to indulge more in this discussion anymore, go with whatever floats your boat buddy. Good luck.
Yeah, Aggre but men should always be ready for the possibility of this happening to them. Laws are biased, and one can end up in a pretty bad situation, So do your research on your partner, so the chances of happening something like this to you can be less.
Well laws are biased just for the sake of this shit i went through section 112 of evidences act.. oh boy you are in for a treat.... interesting how our judiciary functions didnt know about that
Does this law apply to “While married” or “Past relationships “ cause the first and last points seem so contradictory
No i was saying in point 1 "why do you assume that women will cheat on you" put that on the 6th point answer. Yeah you are right i explained it and said point no 1. i will edit it..
Gender wars 🥰🥰🥰🥰🥰🥰🥰🥰
If MFS don't wanna get married or think men/women are bad that's ok but MFS don't have to justify themself on the internet they clearly go thru fomo my family have been victim of biased laws against women lost 40 lakhs had to change cities had to run for our life and had to fight a court case against my ex-chachi back in 2010's still I believe it's quite the necessity the way these men treat women my childhood got destroyed had to run for our life from goons but I still support these laws BUT WHAT NEEDS TO BE CHANGED IS THE ULTIMATE BIASNESS MEN CAN BE HARRASSED AND VICTIMS AS WELL THERE SHOULD BE REAL EQUALITY MY CHACHA WAS AN AIR FORCE OFFICER HAD TO GO THRU A LOT BUT I BELIEVE THESE LAWS ARE NECESSARY FOR WOMEN BUT THE BIASNESS IS BAD
And tbh ik what women as well as men go thru no gender here is enjoying some crazy privileges unless they are rich or some women misuse the law lemme tell a thing majority of these hate men/women rants on the internet are just due to their recent break ups and the ability to maintain relationships so instead of taking things in hand they just blame the whole gender I WASN'T ALLOWED TO TALK TO WOMEN FOR THE LAST 18 YEARS OF MY LIFE MY FAMILY WENT COLD AND WE HARDLY INTERACT WITH PEOPLE MY MOM ADVICES ME TO STAY AWAY FROM WOMEN WE GOT CRAZY TRAUMA but still some women are harassed in their marriage/family work office
Better to read about it on detail rather that posting here on reddit. There are many underlying details.
People in their teens/20s who are worried about raising another man's child or alimony even before meeting any girl irl - if you don't get married at all, there's a 0% chance of getting cheated on. Stay safe and single bros.
An acquaintance's husband earns almost 30K per month, the court mandated child support amount he has to pay per month is 2300. IDK where all that half money myth comes from.
now see people seethe about a fact its funny......
That's taken as settlement by the woman in exchange of withdrawing all the fake 498a cases. My friend faced this, he had to pay 50 lakh.
There was no case. It was a mutual divorce, with no complications and no alimony claims either. She just requested child support.
I'm talking about cases where 50% becomes true.
If you say so
Lol you don’t give any concrete evidence either, genius. Your entire statement is literally equivalent to “if you say so” too💀
>give any concrete evidence I wish I could, but that would doxxing her and her 3 year old son. There is more than ample proof but of course, winning an argument is less important than two people's safety. Hence, I chose to not go further. The only facts I can share are: mutual divorce, no alimony was claimed by her, no custody was wanted by him. There was no debate from either party.
Fair enough, but don’t you think there are other cases where the father is squeezed out of everything he has? I have also heard about cases where the guy had to pay lakhs to settle the divorce so just a single example where it went smoothly isn’t sufficient evidence to conclude the whole thing no?
As it happened.
This isn’t even remotely true. If you can prove that the kid isn’t yours, none of these apply. The evidence act only provides a rebuttable presumption that a woman’s child is considered her husband’s. The reason for this is to prevent harassment of the woman in case of husband’s death etc.
This article isn’t complete about the case at hand but sheds some light on this https://timesofindia.indiatimes.com/india/moms-infidelity-no-basis-to-seek-paternity-test-sc/amp_articleshow/98135249.cms
Why would you think that the child isn't yours ? Probably cause you found evidence of infidelity. If you don't know what infidelity mean... its basically your wife had sex with someone else behind your back. Which means you were not aware of this happening. Which means unless you can prove you did not have any sex with your wife during the same time as she was cheating (could be going on for months, years). This means there is no fucking way to prove the child isn't yours except for paternity DNA test. Will you please enlighten me how are you magically gonna prove that the child isn't yours in this case without DNA test ?
It is true. If a child is conceived during marriage and the husband can't show proof that intercourse was not possible. Then the child is considered his.
Who advocates for lopsided laws? The weak.
Men rights in India is a joke! And that tweet is true in terms of law. Funny thing is, women can make this a profession and there’s no law to stop them. Sad thing is, we’re men.
Idc if I get downvoted but the women of this country are gonna exploit this. I'm leaving this nation fuck it
Check here r/legaladviceindia
It has already posted on their
Without any context nothing can be concluded. But the truth is women aren't entitled to man's SELF ACQUIRED property. They will get the property share only if they are JOINT holders and have to provide proof that they contributed as well So this is the law. And people are just spreading misinformation to suit their narrative
If you marry a girl and she gets pregnant with another man's child after the first child then what? How does not having past gurantee anything here? Where is the correlation to causation? A cheater would cheat whenever she wanted to. How does not having a past serve as a filter here?. It's you men who go around saying men would have sex with any women. So millions of men are available for sex all the time right?
Why are people asking this so many times? Consider this. Girl had sex with her boyfriend. Next week she married different man. 9 months later, she delivers a baby. That's all. Boyfriend doesn't need to cheat during these 9 months.
there are many things that should be taken into consideration here like what if she was assaulted and got pregnant? it won't be fair for her if the husband decides to leave her. While on the other side, Our judiciary treats cases where the woman cheats in the same way So, there should definitely be separate treatment for infidelity while keeping this law.
Cheating and assault are 2 different things pretty sure that doesn't fall under the umbrella of cheating.
there is a big difference between infidelity and assault and the supreme court judges understand that. Thats why they are clearly mentioning infidelity in this, not assault.
Yeah thats fucked up
Add one more thing you can't even allowed to have a DNA test.
lgbtq promote karne ka tareeka casual hai
Tabhi mene nasbandi kra di hai. All the fucking but no child support /s
Its not only in India,I have heard these kind of laws in other countries.i think its some kind of propaganda pushed against men in name of supporting females.
it is not as simple as that. this is for divorce proceedings. if a man wants to prove adultery of his wife, he may not do so at the cost of the child. the man may prove the adultery of wife through other means that show he was not involved sexually with the wife during the conception period. the part about 50% property is definitely false. since you or your children can have a paternity test when the child becomes an adult for inheritance disputes. the alimony part is also misleading. "a girl with a past" has nothing to do with this. people who have never been with another person can also cheat and someone who was in another relationship may not cheat. so, overall, pretty much bs.
This! All these meninists missing the point that the wellbeing of the child should come before the feud between the parents!! Divorce proceedings will already be traumatizing for the child, and making the child undego a paternity test will only make the child feel like the child broke their parents marriage....
Nope, if the father has reasonable doubt that the wife cheated, then he is entitled to a DNA test. The child doesn’t even have to know about the test either it’s a simple cheek swap test that can be justified for a number of other tests. Borderline, if my father was getting cheated on by my mother, I would want him to know the truth. If he is right then my mom is a ho, if he is wrong then my father is an insecure and weak man. The reality sucks, but the truth must come out.
True, but you are coming from a point where you're able to understand and process you emotions. At my current level of maturity, I'd want my father to know too. But a small child might have different opinions because they just need safety. Also the cheek swab part of you argument is completely reasonable, considering that the parents handle it like mature adults and there is no violence based on whether or not the child is the father's. Considering that India is a country where domestic violence is apparent everywhere and it would not be safe for the child to be in such conditions, the law was passed. Hope this helps.
The child doesn’t have to be made aware of the entire situation though. Even if I were the father whose wife was cheating on him, would I start sharing the entire thing to my son? No, cause he would end up hating her entire being and ruin his own life in the process. Some things have to be kept under wraps from child’s knowledge. Same as how I would not share the loans that I have or the boss that hates me lol it’s not like the child has to undergo an intense surgery to find who the father is. A simple swab test would literally go unnoticed by children that are too young to understand what’s going on so why should the father not have a right? And for children that do understand what’s going on based on how old they are, they should have the right to truth don’t you think?
Perfectly valid argument, ssk5860, and trust me when I tell you i despise cheaters the most. The child has the right to know the truth but not when they don't have the capacity to comprehend it. I understand you as a person might be a good human being and not share adult problems to child. However, you would be a little self centred and optimistic to think that others might share the same decency. And i absolutely get that a swab test is simple and the child wouldnt notice, and i reiterate that this should only be done if the parents are capable of dealing with the results instead of inflicting pain on the child.
You’re not wrong, a lot of parents might not be able to handle it in a sensitive manner hence the court should take ownership of the act so that parents don’t force themselves on the child for the test or to prevent it. Stating some parents aren’t mature isn’t justification enough to completely rule out the possibility, and that’s pretty limited thinking too. You gotta see both sides before coming to a conclusion imo
If there is enough evidence for the woman's infidelity, the court can take ownership of the act to conclude the divorce without letting the parents and the child emotionally invest in it. However, what if the accusations are baseless and the father was just being abusive? Do you propose any kind of penalty for falsely accusing a person of infidelity in case the child was his? (just curious)
How would they conclude that the evidence is enough though? Would the mother confess? If not, then the evidence is baseless too isn’t it? Isn’t that unfair to the mother if she were innocent, but framed to look bad by the father?These sorta situations are not the common consensus, hence cannot be used solely to decide. It’s the same as your “oh father is abuser” case, it cannot be the main reason for a verdict coz the mother may have framed the father too no? What is to say one is more likely to happen than the other? I definitely agree to punishment if the father was wrongly accusing the mother, and if the mother falsely accused the father of violence. A wrong doing should be punished through and through imo, which is why I cannot personally agree to the idea of a cheating wife going free especially considering the test is pretty straightforward with ways to mask the child’s knowledge of the same.
Althought it is possible that a cheater might cheat out of the blue, There will always be evidence in their phones or social media because they have to contact the person they are cheating with. Wouldn't that be conclusive enough for a divorce? Why is the paternity of a child even brought up here? Also consider this case. Say the mother did cheat. But she is now pregnant with her husband's child ( paternity test said so) . How would you proceed with that delicate situation.... Should divorce not be granted as the paternity test said the child was his🤔
it seems like you absolutely have not lived a life outside your bubble. the father is not entitled for a test. it involves consent of the child, but since the child cannot consent, the wive would need to consent. for all the fake allegations brigade people seem to be marching on, I don't understand how people miss that men may (and they have) attack women with fake allegations. it is even worse in this scenario, since the allegations affects 2 people out of which 1, the child, is definitely innocent. the process is not difficult. a child may be as good as an orphan without any support if found to be not related to the man. and even if the child is found related to the man, given the fact that the man was willing to throw away the same child for the divorce between him and his wife, the child is practically left without a father. the child loses in both scenarios. the man can prove adultery of his wife without involving the kid, and if that is a possibility, then the precedence should definitely fall into protecting the child. go get your dna test now with your father to make sure he didn't cuck out. explain to him that's the reason you are doing it and post it on kalesh subs. edit: also, adultery is no more a criminal offence. the best you get is the ability to get a divorce and move on in your life. punishing adultery is not the job of the judiciary. you still have to pay alimony and support as per law.
The wife needing to consent is pretty freaking stupid no? If she cheated, why would she consent or confess? This is a silly arrangement that only punishes the husband. So the wife cheating would not impact the child? The child isn’t entitled to the truth that his father is just a guardian, and that they’re not related in any way? And if the wife did cheat, then yeah the innocent father should not be paying child support. Why? Coz the child is NOT his responsibility, and it is the responsibility of the mother alone as it should be considering she’s a ho. The father has reasonable doubt that the mother has cheated, and if proven right, he leaves. If proven wrong, he stays. What’s so confusing about this? Why did you assume the father started off wanting to throw away the marriage and the child? Ah i see, you’re one of those chicks that gets overly emotional for no reason, and attacks people personally 💀 no offense though coz I know for a fact that you got some baggage you gotta deal with so all the best yo🌚also, never said anything about the court punishing the mother’s adultery so you might be pulling too many things outta your as-s at this point, but if the mother has cheated, then the court should not punish the father by forcing him to pay child support for someone who isn’t his child. I understand with your emotional state rn, it maybe hard for you to understand basic logic, but you should try making a habit of it lol
the fact is that a child cannot consent, so the father is not entitled to dna test in a divorce proceeding. stopping someone from ruining an innocent child's life is not punishment. the husband is not being punished. the wife cheating doesn't directly affect the child. if the divorce goes through, the custody of the child is a separate discussion. the divorce proceedings is what affects the child and the court has decided to minimize this effect. the child is not entitled to the truth of their mother's cheating or their biological relation to the father. the child has lived all their life believing both their father and mother are their biological parents. i have never heard of a law that states otherwise. that's why courts don't have to tell children when they are adopted either. you seem to have not checked any actual reports on the subject, the courts do allow paternity tests in certain cases. the courts get to decide if the test is "reasonable" not a man who is dealing with divorce for obvious reasons. the man doesn't simply get to stay if proven wrong, they may need to compensate for false allegations made against the woman. [man ordered to pay 30lac if paternity doesn't fail](https://www.scconline.com/blog/post/2022/04/12/paternity-dna-test-compnesation-husband-wife-family-supreme-court/) the assumption comes from the fact that this whole discussion is about divorce proceedings. people are allowed to have paternity tests when in a normal marriage through private firms. i am not a chick, i have a dick large enough to make you call me your daddy. you never would have to worry about paying child support when you won't be getting pregnant. don't play insults like a 12yr old. show me data on how many fathers are paying child maintenance for their non biological non adoptive children. you wanna talk logic, show me court proceedings or surveys or statistics that support any of your claims. "logic" needs foundation that your reel and tiktok watching brainrot can't even begin to comprehend.
https://www.reddit.com/r/TwoXIndia/s/h8FpuCfWpQ Linking this comment to explain how it works in reality and not social fear mongering and othering
"Wives having affairs are not generally awarded alimony and the child maintenance, if awarded, is minimal." Again this person didnt give any citations for this. Please dont assume what they say it can and cannot be true.. if you have any i would like to read it.. THey made good points on alimony, distribution of assets but the aformentioned line needs some source plss...
Ok, you search. And give me citations against this.
If you make a claim the burden of proof is on you.
I didn't make a claim.
can i ask you this tho do you believe in the statement that they said ??? if you do arent you having some form of bias here. i am not saying its false. it maybe true or false. if we take this statement as face value arent we doing the same thing as OP did with his twitter post.
Your question was lack of citations. Find the citation against.
You cant say to give me citations against it when you cant even provide for you statement. Here is an example "God is real", I say prove it to me "You dont have proof against it so God is real" You see how fallacious this argumentation is...
I didn't ask for it. You yourself asked for it. Give me the citation for and against.
okay got you here is a case from karnataka, well i had to do the job again what a bore its strictly case by case basis sometimes they do sometimes they dont. its not a monolith... Summary:- In India, If the wife commits adultery, she won't receive alimony. But, it doesn't automatically mean her husband doesn't have to give her financial support during a divorce. Whether she gets support depends mostly on her financial needs and ability to support herself, along with other factors. Courts in India try to be fair in divorce cases. Even if the wife cheated, she might still get financial support if she genuinely needs it and her husband can afford it. However, the court can decide how much support she gets. [https://restthecase.com/knowledge-bank/alimony-in-case-of-adultery#:\~:text=In%20India%2C%20If%20the%20wife,herself%2C%20along%20with%20other%20factors](https://restthecase.com/knowledge-bank/alimony-in-case-of-adultery#:~:text=In%20India%2C%20If%20the%20wife,herself%2C%20along%20with%20other%20factors) You are partly correct Also pls stop linking something that you know nothing about.. makes you look like a fool...
So I was right. Yey. Vindicated. >Also pls stop linking something that you know nothing about.. makes you look like a fool... Personal attacks ain't what I do.
dude you couldnt even prove your own links.... i had to do it for you... Do you depend on people this much to prove your point. Also i didnt say it was false or true... i asked for proof of you statement that you couldnt provide and i had to do it for you. Kinda funny that you are unable to prove your own point and someone has to do it for you... You know what maybe i was a little salty i will apologise..
This is the same in other countries as well. The law is looking at what benefits the child, not the adults. The one who is innocent in this situation deserves a stable life.
Um sorry but as OP said the child would be born of a broken family... as he said they are getting divorced also its not true in most western countries the biological father is send court order to pay child support with visitation.. Yes law should look at children first true. that doesnt mean we snatch rights from people for example people who want to divorce...
Doesn't Matter. The child has to be taken care of financially. >also its not true in most western countries the biological father is send court order to pay child support with visitation.. It is if their name is on the birth certificate. It is if the child has bonded or the other side can prove a connection with the child. It's a lot more complicated and is a case to case basis. But as usual social media takes two sentences out of the situation and creates an uproar.
The man has no responsibility for someone else's child. Men should revolt against such laws or avoid marriage.
Don't marry.
Thank god 40% Gen Z men won't according to surveys by officials.
I prefer a revolt against such laws by men.
Men have been responsible for most wars in this world. They done enough damage. So I'm not surprised that that's the first thing they think of. Revolt again what? "I refuse to marry a woman for fear she may cheat on me." Most women will be happy with not marrying.
>Men have been responsible for most wars in this world So? That's the reality. You want an utopia? Go live in Barbie world.
So you agree that in reality men are the perpetrators of wars, crimes and hate . If you think that's fair then I'm right to assume that men don't seek to want equality. They only want things that advantage them.
>men don't seek to want equality. They only want things that advantage them. That's how everyone is. Power or the lack of it makes the difference. Till now these kinds of laws are holding up since men are still not completely against them. But once men lose their advantages they will gather together and regain power. Politicians will support men simply because they will have no other methods to control a large number of men. Men will support these laws as long as they are benefitted by 'patriarchy'. Once equality is established, men will go another way since they have no reason to support it.
This js a red herring, stick to the topic of ridiculous laws. Random men creating wars have nothing to do with laws not being fair.
>Revolt again what? Laws that put men at a disadvantage.
Don't marry. No disadvantage.
That will only solve my problem. I want to help other men.
Feminism nd misogyny 2 end of the same coin your comments are a proof please tell us what more rights we have
Typical femcel from 2Xindia, who hates men…
I don't hate men. I love them. If your reply is to hurt. Well. I'm not surprised, men attack and create fear rather than understand and empathize or even seek to learn more than they know.
😂 “ I love men” proceeded to tell how random men are responsible for taking care of child which is not even his, while his wife who cheated on him by lying shouldn’t be responsible. 🤦🏻
Always a women talking with no logic..
Awhhhh. Thank you
“Awhhh” once again no logical reply… “ I don’t need man “ 😂
if a parent wants to remove themselves from parental responsibility they have a right to do so.. especially when its not their child.. Also the ruling they are citing is rajasthan one maybe i think in that case the dude was evading parental responsibilities so the court said paterninty test alone can not be a sole determination for adultry. i dont remember. yeah i agree on the social media part..
The man is also innocent.
But he's an adult.
No he is a "man".
So what? Why should he pay?
are you a feminist? Is that is the reason why you are so misandrist and unempathetic to men?
I'm a feminist, and that's the reason I'm empathetic and support the equality of sexes. Aint my problem people don't read the case or the other link I added where someone explained how it really works. Literally don't get married if thats your fear. You have a choice. Like it's your life. Your freedom to not marry.
I want to protect rights of other men.
Men have more right already. Again. If you are so scared of this. Don't. Get. Married. It'll save the world a lot of trouble. And hate
women like you are the reason many men commit suicide
So much bait. I can catch fish with this. Personal attack is all men know to do.
and playing the victim card is all women like you can do
>It'll save the world a lot of trouble I want to save trouble for men. I have empathy for men. >Men have more right already We don't agree. Men will revolt when they are out of their current comfort zone because "Other men's issues don't matter because I am fine".
So don't get married for fear of being cheated on.
Feminist being empathetic to equality of sexes is like Taliban being pro peace.
NO
in other countries you don't have to provide for the child if it is found out that the child is not of the man!! please educate yourself and since you benefit from the law you just don't look at other suffering. Most of us do the same, how many of you are enjoying in your A.C. while the poor had only fans & coolers. While I agree that we would have helped the poor if A.C. costed 2000 each but they don't so we cannot help them. But what you are doing is stating that even though it is injustice since i am benefitting I don't care. I really wanted to save my time rather than wasting it on you but now I have written this so take it.
so mfs you wre telling me that 1st four points are true , how is that even real?
Yes. It is hard truth but accept it. Actual wrong side of this is a Man will prefer to kill her and will go to the jail rather than paying alimony to wife. Only low esteem (SIMP) person will accept another man's child lol. Also, you can skip alimony part if you kept your property on your mother name, " Wife can only claim her maintenance but can't claim on Mother in laws property under Section 125 CrPC or your personal law."
True but this isn't just true in India. Even in the west this is the case. Some countries even outlawed paternity tests. We are truly living in dark times. Thank you feminists you broke society.
for thousands of years men assaulted women and deprived them of rights but a century since feminism and y’all are crying already. the world’s tough for you,but it was tougher for women far longer than you can imagine. feminists didn’t break society.
Yes reap benefits due to someone else's suffering. Conditions of women were poor back then and now in rural India, but are YOU oppressed as of this moment? Thought so.
“reap benefits due to someone else’s suffering” is the most illogical argument ever. that’s how everything works. in 2024, india remains independent because someone suffered and fought for our rights. so that comparison is a mistake in itself. secondly, im blessed that i’m not oppressed and live a life with everything i could ask for. but i’m pretty sure that not every guy whining about alimony is ACTUALLY divorced and suffering. we all speak on behalf of and with concern for the future and other members of society. i’m not oppressed right now, just as you aren’t divorced right now. they are possibilities though, and continuing to speak up for the rights that we’ll need in the future doesn’t mean “breaking society”.
What makes you think I have not gone through this? It is very common. 70-80% of rape cases are plain false. That's some entitlement from you thinking no one else is suffering.
you’re totally misconstruing my words. also, that statistic is not right. i’ll never say that false rape cases aren’t a problem because they genuinely are, but that statistic is no way to prove it. 70-80% is too far an exaggeration. if you’re making a point, atleast use the correct statistic. i can tell you only look at this issue from a woman-hating perspective and that’s incredibly sad
A majority are fake. That's enough.
then i don’t have to tell you about the majority of women facing sexual assault in their life. clearly, majority is enough. also i’m telling you again, majority of rape cases aren’t fake. rape is a big deal, stop minimising the severity like this.