• Can I file case against my father in law for cheating?

I got married in April 2014. In my weddign my parents had spent aroung 1.5 lakh. After 15 days I came to know that my wife has an affair with someone. she was used to talk to that guy. She shared my office timings and at what time my parents goes out. One day when no one at home she called that guy to home and I don't know if they had some physical relation because after 15 min my parents came to home and that guy to went to home. In relation that guy is my wifes uncle.I have all the recording of conversation between my wife and that guy where they had discussed about their physical relation and sweet moments, after marriage also she was ready for the relation. Because of this she never allowed me to make physical relation with her.after hearing all the recordings I called her parents and told everything. Her parents knows everything about their daughter. She had physical relation with that guy in the past as well . I filed a case for divorce in family court on july 2014 but she is not coming for the counselling in court.  She had filed a case for dowery harrasement and maintenance against me. Her father is working in MTNL and his salary is around 60k. I am a handicapped person earning 24k p.m. Here cheating happened with me because their mistake y should I pay maintenance. Can I claim any case against them for cheating.? I filed 2 NC against them they had told me to give around 5 lakh cash.
Asked 2 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
Hello,
1) No case of cheating will lie against your father in law as marriage is a result of consent of two adults.
2) Need to know under which sections of Hindu Marriage Act you have filed the case to advise you better.
3) Did you move a nullity petition or was it on grounds of adultery the petition was filed? What is the status of the case now?
4) If the wife is not employed she can file for maintenance.
5) Of you succeed in proving adultery or of the marriage is nullified you won't be liable to pay
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
1. On the basis of the recording in your possession you stand a very good chance to get divorce. If her infidelity is established she will lose the right to claim maintenance. A wife who commits adultery is not entitled to claim maintenance/alimony. So contest her maintenance case fittingly on the basis of the proof in your possession.

2. Has she filed her reply to the divorce petition? If she does not come to attend the counselling the court will draw an adverse inference against her.

3. You ought to take bail in the dowry harassment case filed against you. A petition for quashing of the case, subject to the allegations in FIR and the legal advice received, may also be filed.

4. You can also file a criminal case for adultery against your wife's paramour(her uncle). If held guilty he can be imprisoned for up to 5 years.

5. However, no case of cheating is made out in the given scenario. The legal concept of ''cheating'' is at variance from the meaning assigned to it in ordinary parlance. So no case of cheating, much less against your father-in-law, would stand on its legs in the court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1)no case of cheating is made out against your father in law 

2) if you are able to prove that your wife was in relationship with her uncle after marriage you wont have to pay her maintenance . 

3) as far a s dowry harassment case is concerned contest it on merits . obtain AB from court

4) audio recordings of conversations between your wife and her uncle will help you in obtaining divorce from your wife  . however please note that no divorce case can be filed within period of 1 year from marriage except in exceptional circumstances 

5) since your marriage has taken place in April 2014 filing of divorce case in July 2014 ie within 3 months of marriage may be dismissed by court
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
Hi
1. Unfortunately there is no charge you can slap on in laws other than trying for a nullity petition on grounds of her consent obtain by force or the marriage was against her wish and willingness this has to be proved by her own words if you can produce her admission in th court 
Did she filed 498A or is it a petition under domestic violence act. If it a criminal case you need to be cautious.  
Since your wife is not working court may order maintenance. Even if her father has means to maintain her court see that a wife has to be maintained as per the. Standard of the husband. If you. Are earning less accordingly a portion of your earning will be ordered. 
It is advisable to go for a compromise and file a Mutual consent divorce after one year completion of marriage. 
This will help you to save time and money in terms legal expenses maintenance an any further embarrassments. 

At present
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
if you did not have any physical relation with your wife i.e. the marriage never got consummated, you may plead for nullity of marriage. Otherwise you may also proceed on the grounds of adultery and cruelty(caused due to her demeanor and conduct). you may let the police know that the FIR is without basis and produce the records of the conversation she  had with her paramour. the case may be closed by the police by way of a final report. in the meantime seek AB.
Grant  of Maintenance would depend on the satisfaction of the court that she is deserving in the facts and circumstances of the present case.
Tulika Prakash
Advocate, Gurgaon
113 Answers
66 Consultations
5.0 on 5.0
1. There is no case of cheating lying against your father in law since it will be very difficult for you to prove that he knew about the physical relationship his daughter had with some one else,

2. How have you filed the Divorce Petition within 4 months of getting married? The said divorce petition is liable to be rejected for being filed before completion of one year of marriage,

3. You shall have to contest the Dowry harassment case on merit duly availing AB,

4. The evidence you have collected about her admission of being physically related will be of good help for getting divorce and not paying any maintenance to her.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0
Dear Querist
there is no cheating case is made out against him.

fight the case on merit.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) it is difficult to prove non consummation of marriage . 

2) if your wife had physical relationship with another man she will say marriage is consummated . how will you prove non consummation ? 

3) you will have to prove that marriage has not been consummated owing to the impotency of the wife . under section 12(1) a) marriage can be annulled if it is proved that non consummation of marriage is due to impotency of respondent 

4) hence better option for you would have been to wait for one year after expiry of marriage and file for divorce on grounds of mental  cruelty 

5) there is no special law for handicapped persons under HMA 

6) you can seek recovery  of costs from your wife in petition filed by you
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
1. Earlier you said that you have filed a case for divorce, but now you have stated that you have filed for nullity. You must furnish true and correct particulars when asking a query.

2. If you have filed for nullity instead of divorce then all I can say is that your legal action is totally misconceived, and likely to fail in the court. If she is having an extra marital affair then it is but natural that she must have committed intercourse with her paramour. If this be so, how will you prove that marriage has not been consummated?

3. So you ought to have filed for divorce.

4. Law creates no exception for a handicapped person. All persons are entitled to the same treatment before the law. 

5. You do have the right to claim recovery of expenses from your wife by filing a suit for recovery.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. You have mentioned in your first post" I filed a case for divorce in family court on july 2014 ",

2. It will rejected for sure for premature filing,

2. We can not ask why the law is like that. We shall have to abide by the law & the law specifies that divorce suit can be filed after completion of one year of marriage,

3. There is no specific law for the divorce of handicapped persons,

4. Withdraw the said divorce suit and just wait for few more months  to refile it,

5. Her refusing to have s*x with you is impossible to prove.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0
1.	Your marriage has taken place in April 2014 and  filing of divorce case in July 2014 ie; within 3 months of marriage It will rejected for sure for premature filing by court. 

2.	There is ground for cheating is found in your case .So no case of cheating is made out against your father in law because.

3.	If the evidence are week you can’t succeeded to prove adultery. 

4.	there is no special law for handicapped persons under Hindu Marriage Act, 1955 

5.	Better option for you would have been to wait for one year after expiry of marriage and file for divorce on grounds of mental  cruelty
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0

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