My sister married in 2008, now the couple have 2 children, her husband is having extra marital relationship with another woman, in 2013 he was in extra marital affair with a woman, at that time he promised us that he will not be engage in such things, but recently we found her husband still having extra marital affair with the same woman, after several requests from my sister he is not maintaining sanctity in his marital relation, so we are thinking of a strict legal action , please suggest possible remedies and path of action
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1.Your sister can lodge complaint u/s 498A IPC against her husband.
2. She can file case for maintenance ,damages and compensation also under PWDV Act case.
3. She can file suit for divorce on the ground of adultery also.
4. So she does have these options.However all these actions would lead to breaking of marriage. Hence it is advisable if a final effort can be taken to reform her husband for the sake of the children.
1) your sister can file for divorce on grounds of adultery
2) make lady co respondent in divorce case
3) file complaint under section 498A against her husband for continuous acts of cruelty
The wife cannot initiate any legal action under criminal laws for her husband's extra marital affairs with a woman out of their marriage.
If she can prove the same with substantial evidence before court, she would be entitled for divorce on the same grounds.
