• Having kids with colleague while legally married

Sir/Ma'm,
 My sister married in Feb 2000 with Shiv Awatar Sah (Studying at that time), and till now tried her all the best to keep family intact in in-laws house(She was tortured by Devar/Nanad/Saas and mentally by Hubby too). Till now she is doing all housewife work at Sasural since 0500am to 2230pm or later as the situation demands. 
 Now she is facing another problem, which came into light when she came to know that her husband is having illicit relationship with a colleague and now having 3 months baby. She is being mentally more tortured by her in laws and hubby, he is telling that I will divorce you(For info only my sister had miscarriage two times because of this guy as he didn't bother to do regular medical checkup neither he was going to doctor nor bothered).
 Sir, she is more affectionate to him and do fasting for him on all occasions. But now she is mentally disturbed a lot. Her husband is an area manager in Trio Pharmaceuticals and his colleague is residing at Varanasi. 
 Please provide us legal advice and guide me what to do now and how I can opt for a counsellor at Bokaro Jharkhand who can legally fight for us and provide a true justice.
 Thanking you in anticipation.
Asked 7 years ago in Criminal Law
Religion: Hindu

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13 Answers

Not him, but your sister can seek a divorce from this man on the ground of his extra-marital affair. It is open for her to file a divorce petition under section 13(1) of the Hindu Marriage Act

You sister should lodge a FIR against her husband and in-laws, and book them for cruelty and harassment that is being meted out to her. Besides, she must also file a complaint under section 12 of the Domestic Violence Act.

She must immediate meet a lawyer dealing in matrimonial matters and seek legal assistance.

Vibhanshu Srivastava
Advocate, Lucknow
9736 Answers
318 Consultations

you immediately lodge a 498A against all (Devar/Nanad/Saas/Hubby) at the your local police station by way of speed post, then the FIR will get lodged and police will not be able to refuse it, then file a domestic violence case against all (Devar/Nanad/Saas/Hubby), then you will be ordered to visit protection officer and after that court might grant your sister exparte interim maintenance on basic of a judgement that is there, if such ex parte maintenance not passed it will be problem for the wife to maintain herself and children. file all the two cases and you will see automatic results coming your way.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

she would file for divorce on the basis of desertion and mental cruelty.

FIR can also be filed against the husband for cheating and illicit relationship. consult a good lawyer in bokaro.

And if you have given any dowry you can also claim that

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

your sister should file for divorce on grounds of mental cruelty and adultery

2) seek alimony from husband

3) husband having extra maritial affair amounts to mental cruelty

4) also file DV case against husband seek alternative accommodation , maintenance from husband , compensation for mental torture undergone by her

Ajay Sethi
Advocate, Mumbai
98469 Answers
8011 Consultations

I think your sister is waging a loosing battle.

Her husband is incrrogible and he is not likely med his ways.So instead of showing him further compassion he should be tasted the flavor of law.

Ask your sister to file a case u/s 498A, 494 IPC.

Once the FIR is registered he can arrested and taught a good lesson for his isdeeds.

Your sister can file case for maintenance under PWDV Act as well.

Devajyoti Barman
Advocate, Kolkata
23507 Answers
530 Consultations

Hello,

If husband is having extra marital affair then the same amounts to cruelty and your sister can file divorce and can claim alimony.

File DV case for maintenance and alternate accommodation

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

Respected sir...

It would be better for you to tackle this situation socially ...Sir if you want to take strict action against him you have number of options but yes on that account life of your sister will became hell ... Firstly take a look what you want and I would like to advice that talk to him directly on this point ...

Legally ...

Sir you have number of options avlable such as file a case of Adultery under section 497 of IPC ...You can file a divorce case ,,you have option to file case of domestic violence under section 12 ,,you can file maintenance under section 125 of crpc ,,,you can lodge FiR against him under section 498 -A of IPC...

But plz First make your mind clear firstly we have to think about safe life of our sister rather than punishing him..

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Hello sir , your sister can file a domestic violence complaint directly in court .. Also file a FIR under under 498A in the women cell .. It will be convinient for you to hire a advocate from the perticular city who can help you out with the consultation and drafting of complaint

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

As your sister is a victim of domestic violence physical as well as mentally, she can file complaint of domestic violence and can lodge FIR under 498A alongwith is she determined then she can also file a divorce petition with the alimony and monthly maintenance.

You can contact for state legal services authority which is available in every state. They will provide you an advocate free of cost who will fight for you.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

Hi,

She can file domestic violence case under Section 498A , 313, 323 IPC for the Mentally torture, abortion and harassment against the husband and his family. please make sure that the force abortion can only be Proveed if there is a witness proof for forcd abortion.

As far as illegal child from illegal relationship is concerned any child born through illegal relationship will have all the rights of a legitimate child.

However the husband may be charged for adultery and should be used as a ground for divorce petition.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

Hi

File a criminal complaint against the husband of your sister for adultery under section 497,498A IPC.

and with that file a divorce case under HMA and complaints under Domestic Violence Act.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

file a DVC against husband .

file a case under 498a against husband .

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

Your husband's illicit affair or an extra marital affair with another female is not an offence in law.

She has an option to divorce him if he has begotten a child out of his illicit affair with another female outside marriage.

For tortures by her husband and parents in law and other relatives of husband, she can file domestic violence case against them seeking protection and other reliefs.

If it is a dowry demand harassment she may lodge a complaint with the local police in this regard.

T Kalaiselvan
Advocate, Vellore
88671 Answers
2404 Consultations

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