My sister is going through mental torture for the past 2 and a half month due to her husband who is cheating on her . She has two girls aged 9 and 4 years who are studying. She is a home maker. They stay in a rented flat and are in process of buying an apartment. He has been spending his nights away from home since Sep 2017. When he didn't come for Diwali as well she suspeced something suspicious. She ultimately checked his whatsapp and got to know that he is cheating on her . He is also lavishly spending on her. The girl is advising him on what to say and how to tackle her family as well as his family in this matter. My sis has collected the messages as proof and passed on to her family. After my family confronted the guy, he said he'll try to get rid of that girl within 15 days . But then he started behaving shamelessly and told my sis that he is spending nights with her to make her understand. Next his parents came to their house but they are also not doing anything major in making their son understand anything . They are telling my sis to let her ego go and bend down a bit. The girl he is sleeping with is unmarried and Muslim. We are a Hindu family. He is also ready to take kids responsibility and told us that he will put the elder one in boarding school and hire a maid for the younger one. He once slapped my sis when he found her checking on his phone. Plaese suggest what we can do in this situation legally.
Hello,
You can file a police complaint against that person for cheating, harassment
She can also file a suit for divorce on the ground of cruelty as extra marital affair amounts to cruelty
Also you can subsequently file a suit for maintenance.
Regards
Your sister should file for divorce on grounds of mental cruelty and adultery
2) make the Muslim girl a co Respondent in divorce case
3) seek alimony from husband and maintenance for children
4) seek custody of 2 children
5) file DV case against husband seek maintenance, alternative accommodation from husbnd
Hi, Your sister has to lodge the police complaint in the Singapore itself and if the Singapore police has not help her in the matter then she has to lodge the police complaint in India and also file petition under section 125 of Cr.p.c for the maintenance to her and children.
2. In India adultery is the serious offence and police will take suitable action against him.
Hi, it is a case of domestic violence .. It is advisable to file a complaint of domestic violence against her husband and in laws ...however before initiating any criminal/civil proceedings against them it is advisable to settle the matter amicably by the mediation of family elders .. If he still do not Change his behaviour you can proceed with litigation
Your sister must approach the CAW(crime against woman) cell in her city and lodge a FIR against her husband for he is cheating her, besides subjecting her to physical and mental abuse.
She may also report this matter in a complaint which she may move under the Domestic Violence Act.
Just to inform you, the extra-marital affair is also a ground for obtaining divorce.
1. Your sister shall have to decide as to what does she want with her said relationship.
2. If she things that she will be able to adjust with her husband and repair the damage already cased in their relationship then she should first try that since divorce is the 2nd most stressful event in one's life.
3. If she finds that divorce is unavoidable, she should lodge police complainant at Singapore alleging dowry harassment. There after she should lodge one such complaint before the police station in India in the same line.
4. She should then file a maintenance case in India praying for maintenance for herself and her kids and also file a child custody case in India.
5. Finally, she can file a divorce suit in India claiming substantial amount towards compensation from her husband.
You can file criminal complaint against your husband in a court of law or nearest police station. On the other hand you can file domestic violence complaint against him and maintenance petition.
The husband cheating on the wife is not an offence especially if his concubine is an unmarried lady, it is not a criminal offence to have a live in relationship with her
But this is a good and strong ground to seek divorce.
If she is not able to digest this or she is not willing to continue the married life with him she can very well quit the married life, seek divorce and live separately.
Thank for all responses. The person in question is in India just to clarify. We are anxious to know about the consequences of separation as she is not working and depenedent on him for kids and her needs. His parents are asking her to let him live his life and she continue as it is or find a job. The best way as per above suggestions would be first 1. File an FIR on physical and mental abuse grounds and involve CAW cell. A) Can we include dowry here as they've been married 11 years now. B) What other grounds to make the FIR strong. We do have some bills and WhatsApp messages showing his involvement with the girl. 2. Separate with kids and file for divorce on the same ground as above and seek maintenance. For point 2 our worry is A) Can he stop us from taking the kids as she is not working B) How soon after separation will the maintenance start as the case may take years to complete. What recourse do we have if he refuses to pay maintenance. C) How do we make sure he does not harass the girl and family after separation and does not visit her.
1) wife can file DV case against husband seek maintenance, alternative accommodation, compensation for mental torture undergone by you
2) if victim of dowry harassment you can file case against husband under section 498A of IPC
3) wife can seek custody of kids as per Muslim personal law
4) maintenance can start after 6 months to one year of filing application
5) seek protection order against husband in DV case
1. Your sister can file DV case and also police complaint u/s498A of IPC alleging dowry harassment.
2.A) No. Custody of children will be decided by the Court keeping welfare of the children as primary consideration. In case of adulterous relationship, he won't be given the custody of your sister's children.
B) Maintenance petition shall have to be filed immediately along with the DV application and the ad interim maintenance will be allowed with in 2 to 3 hearings. If he refuses to pay maintenance even after being directed by the Court, he will be arrested and his properties will be attached for selling and recovering your sister's dues.
C) Your sister shall have to file an application and get an order from the Court restraining him in visiting your sister or disturbing her in any way.
1. She can lodge a criminal complaint agaisnt him and his parents for the acts of cruelty including dowry demand and harassment
2. She can very well file divorce petition and whether or not, if he is not giving her maintenance, then she can file a maintenance petition under section 125 c.p.c.
3. Let she take her kids with her, and his objections can be challenged in the court of law if he is filing a child custody case.
The Maintenance case will take years to get disposed, however she can get interim maintenance during the pendency of the main case. If he is refusing to pay maintenance even after court order, then you can initiate legal action for collection as per provisions of law.
The harassment aspect is top be taken care by keeping a constant vigil and making a complaint with the police if he indulges in it once again.
A. Yes, the Dowry angle can be included.
B. If there's any assaul or violence, that'll make your case strong fora FIR.
2a. No. If he at any point of time does so, you may apply for custody.
2b. Seek interim maintenance. He may be jailwfor not paying Maintenance.
you can file case against husband under section 498A of IPC since you have been subjected to harassment. Also take note of the fact that the wife can seek custody of the child as per the Muslim personnel law, at the time of deciding the custody the welfare of the child shall be of paramount importance.
Regards