Legal Question in Criminal Law in India

My husband had sex with my house maid an year ago, as a result of which she conceived. I was told false stories and made to believe that she had a boy friend who had sex with her and is now refusing to take ownership. I tried to help but she said that he is not tracebale etc. I asked her to tell her family but she refused and told me that," Didi, since I am a Muslim and my BF is a Hindu my family will kill me." So I helped her delivering the baby. I called her mother to the hospital and was really surprised to see that she was completely non emotional, I suspected that she knew about it. Later I got to know that her entire family had been blackmailing my husband to pay money etc. She also blackmailed my father inlaw saying if they do not pay she would tell me about it. My husband says it was consensual sex and he gave her contraceptives after the episode which she did not take. Also he tried to help her abort the child but she did not do it. She was 22 years of age. I also found it strange that her mother took the baby away from her on the first day itself. what can we do?

Asked on 11/03/11, 1:01 pm

4 Answers from Attorneys

KAMAL GROVER

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Throw such made out of your house and file the complaint in police about black mailing as such maids delibrately do such work just to grab the money. If it would have fault of your husband only then she should have took those pills and should have told you about this in the very begining.

Keep in mind any sex done with the consent did not attract any criminal offence.

But you may file FIR for doing business of prostitution in residence area and then black mailing the persons.

Also handle your husband and took a written note from him to keep it with you only so that he may not do such incident in future else it will be very tough for you to findout another maide for your house.

Regards

If need any help then plz write down at my mail id at

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Answered on 11/03/11, 11:09 pm

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Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

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I agree with kamal Grover.

Answered on 11/04/11, 1:43 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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I do NOT agreement with the said opinion. The relationship developed by your husband may be covered within "live-in" relationship and the woman may be entitled to all the benefits under domestic violence laws.

Your husband is guilty of extra-marital affairs during survival of marriage with you. your husband may be guilty of criminal offences depending upon the complaint that may be lodged by the girl. The allegation of "blackmail" appears to be apparently baseless and may not hold good.

Answered on 11/04/11, 2:45 am

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