• Mental trauma

My husband who is 55 years old, claims he has a father daughter relationship with a married woman who is 30 years old. Earlier she was working under him but now they are in different departments. They continue to speak over the phone 7-8 times daily. Even after me objecting to it and telling him explicitly to stop conversing with her, he is continuing to do it behind my back resulting in a lot of stress to me and my son.

Can I file a case for causing me mental trauma and claim compensation from both of them.I do not know what the motive of the lady is or my husbands. Please advice.
Asked 8 years ago in Family Law
Religion: Hindu

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8 Answers

There is no such law under which you can file a case against him// or that women. In light of the limited facts presented by you in this question I dont know the number of good evidence that you have.

If you want you can file a divorce case against your husband on ground of mental cruelty, but I do not think so that you are ready for it.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You cannot file a case for mental trauma against him straightway. If you doubt that your husband and this girl are in a relationship, engage the services of a detective agency and entrust them with the job of pulling out of some evidence. Once you know the truth, you can take a legal recourse.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Madam,

You can file case but you need to prove your allegations either by recorded calls,call entry records ... etc.,

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

You can file DV case against husband seek protection order, maintenance abd compensation for mental torture undergone by you

2) engage detective agency and gather evidence of your husband extramarital affair

Ajay Sethi
Advocate, Mumbai
99866 Answers
8148 Consultations

Hii, until some illicit relation is not proved no possible legal action can be taken against them .. It is advisable to discuss and settle the matter amicably .. You can also approach the girl and ask her to stop communicating ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1.First find out whether he indeed has any illicit relationship with her or not.

2. For mere talking over phone for few times a day may not amount to adultery .

3.Speak to his colleagues or friends in secret to find out his actual relationship with him.

4. It may be that you're thinking to much and he indeed does not have any extra marital relationship with her.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

No case is made out against him for speaking with a female. He has not committed any offence or even a civil wrong that may entitle you to sue him. It is not a crime for a married man to speak with another woman.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Talking to a girl by your husband cannot be objected by you.

In fact you cannot take any legal action against him even if he is indulging in an act of adultery with her.

If this is intolerable and you cannot live with him due to his this character, you may decide to dissolve the marriage by a decree of divorce by filing a petition before concerned court.

There is no provision in law for filing a case for mental trauma

T Kalaiselvan
Advocate, Vellore
90068 Answers
2500 Consultations

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