If you are stuck in such a situation, here is what to do.

A young man, Aman, recently discovered a deeply distressing family secret. His father, Mr. Rajesh, the sole provider for the family through his modest trading business, has been involved in an extramarital affair. The situation escalated when Aman found out that the other woman, Ms. Priya, was pregnant and has now given birth to a child. This discovery came to light through messages and recordings on his father’s phone, which he is not very adept at using securely.

The family, including Aman’s financially dependent mother and a younger sibling, had previous suspicions but felt powerless due to their reliance on Mr. Rajesh. The matter has now taken a criminal turn. Ms. Priya is allegedly blackmailing Mr. Rajesh, threatening to file a police complaint against him, and has already extorted a significant amount of money. Aman is caught in a difficult position, worried about confronting his father, who is already under immense stress, fearing it might lead to drastic actions. Ignoring the problem seems equally perilous, as the blackmail continues to drain the family’s limited resources and poses a constant legal threat.

Advice in such cases

• Gather and Secure Evidence: Before taking any action, discreetly collect all possible evidence related to the affair and, more importantly, the blackmail. This includes text messages, call recordings, bank transfer details, or any other communication where Ms. Priya demands money with threats.
• Do Not Engage with the Blackmailer: Advise your father to stop all communication and payments to Ms. Priya immediately. Engaging further will only empower her to make more demands.
• Assess the Family’s Financial Situation: Understand the extent of the financial damage and secure the family’s remaining assets as much as legally possible to protect your mother and sibling.
• Mental Health Support: The situation is emotionally taxing for everyone involved. The fear of your father taking an extreme step is valid. It is crucial to approach the conversation with him calmly and perhaps seek professional counselling for the family to navigate the emotional turmoil.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

This complex situation involves several aspects of Indian law:

• Extortion (Section 327 of Bharatiya Nyaya Sanhita, 2023): The primary criminal offense here is extortion. If Ms. Priya is intentionally putting Mr. Rajesh in fear of injury (such as filing a false police case) to dishonestly induce him to deliver money, it constitutes extortion. This is a serious, punishable offense.
• Adultery as a Ground for Divorce: While adultery is no longer a criminal offense in India following the Supreme Court’s judgment in *Joseph Shine v. Union of India*, it remains a valid ground for divorce under Section 13(1)(i) of the Hindu Marriage Act, 1955. Mr. Rajesh’s wife can seek a divorce on this basis.
• Maintenance (Section 144 of Bharatiya Nagarik Suraksha Sanhita, 2023): Mr. Rajesh’s wife and his minor children (including the new child born out of wedlock) are entitled to claim maintenance from him. The court will decide the amount based on his income and the needs of the dependents.
• Paternity and Rights of the Child: The child born from the relationship with Ms. Priya has the legal right to maintenance from Mr. Rajesh. Under Hindu law, such a child also has a right to inherit a share in the father’s self-acquired property, though not in ancestral property.

If you are the complainant

If you or your father decide to take action against the blackmail, you become the complainant. Here are the steps:

• File a Police Complaint: Approach the police and file a written complaint detailing the extortion. Provide all the evidence you have gathered, such as threatening messages and proof of money transfers. The complaint should be filed under Section 327 of the BNS.
• Anticipatory Bail: If you fear that Ms. Priya might file a false retaliatory case (e.g., for sexual assault), your father may need to apply for anticipatory bail from the Sessions Court or High Court under Section 482 of the BNSS, 2023.
• Be Prepared for Investigation: Cooperate fully with the police investigation. They will verify your evidence and may record statements from all parties involved.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

In this scenario, Mr. Rajesh’s wife is also a victim of adultery and emotional distress. Her legal options include:

• Filing for Divorce: She has clear grounds to file for divorce based on adultery.
• Claiming Maintenance: She can file a petition in the Family Court under Section 144 of the BNSS to claim maintenance for herself and her minor child from Mr. Rajesh.
• Residential Rights: As his legally wedded wife, she has the right to reside in the matrimonial home.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police response can be mixed. Initially, they might view the matter as a domestic or personal dispute and may be hesitant to register a First Information Report (FIR). However, if you present a clear, written complaint with strong evidence of extortion (threats and money demands), they are duty-bound to register an FIR under Section 327 of the BNS. Their investigation will focus on the criminal element of blackmail rather than the civil issue of the affair. It is crucial to be persistent and present your case clearly as one of extortion, not just a marital problem.

FAQs people normally have

Can the other woman file a false case against my father?

Yes, this is a common retaliatory tactic in such situations. She could file false complaints of sexual assault, cheating on the pretext of marriage, or domestic violence. Having evidence of her blackmail and extortion beforehand is the best defense against such false allegations.

Does the new child have a right to our family property?

Under Hindu Succession Act, a child born outside of marriage has a right to inherit from their father’s self-acquired property, but not from ancestral property. The child can claim a share along with the father’s other legal heirs (his wife and other children).

What if my father is jailed or his business suffers? How will my mother and I survive?

This is a valid concern. Legal proceedings for extortion can be lengthy. Even if a case is filed, your father is innocent until proven guilty. Regarding maintenance, the court orders an amount based on the father’s earning capacity. The law ensures that dependents are not left destitute. The goal of legal action against extortion is to stop the financial bleeding and threats, which in the long run, will protect the family’s financial stability.

What evidence is required?

For a strong legal case, the following evidence is crucial:

• For Extortion: Any communication showing threats and demands for money. This can include call recordings, WhatsApp chats, text messages, emails, or even witness testimony from someone who overheard the threats. Bank statements or online payment receipts showing transfers to her account are vital.
• For Adultery (in a divorce case): Evidence can include photographs or videos of the father with the other woman, the birth certificate of the new child naming your father, hotel bills, or witness testimonies. A court may also order a DNA test to establish paternity, which would be conclusive proof.

How long will the investigation take?

Under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, timelines have been introduced to expedite investigations. For instance, the police are generally required to conclude the investigation and file a final report (chargesheet) within 90 days, though this can be extended in complex cases with the court’s permission. The subsequent trial in court can take a longer time, often spanning several months to a few years, depending on the complexity of the case and the court’s workload.

Advocate Sudhir Rao, Supreme Court of India