Allegation of Extra Marital Affair, made respondent no. 2 for petetion under section 123(1)(ia) HMA
My friend has received a notice containing a Petition filed by his sister - in laws (Saali) husband (petitioner), seeking divorce. My friend has been mentioned as respondent No. 2 therein, and the sister in law is respondent no. 1. The petition contains a lot of muck and seemingly concocted allegations on respondent 1, which seems to be an attempt by the petitioner to get decree of divorce under section 13 (1) (ia) and section 13 (1) (i) of Hindu Marriage Act, 55, and impose costs. They were married in 2013 and have a son who is around 3 years old.
Petitioner is affluent businessman and has multiple industries. Resp: 1 is a daughter of an erstwhile affluent Industrialist who has hit on hard time after his companies have gone under NCLT. The 2 had a fairy tale wedding. Respondent 1 was close to her cousin sister and his husband (My friend, resp 2), and used to speak to them and consult them on various matters. They have however not been in touch since the last 20 months after they realized petitioner was not liking. My brother was not aware of the happenings in their house and are now suddenly besieged with this petition where my brother has been made respondent 2. In addition, the petitioner has levelled several wild allegations which include the following: -
a). He has accused my brother of having an adulterous relationship with respondent 1, along with being very friendly to another man, whom we don’t know. Though my brother had made one trip to their home in Ranchi after they had been blessed with a baby boy, and my brother happened to be in Ranchi for a bank consortium meeting. He had been to their house with gifts sent by my brother’s wife, and to see their new house on invitation by the petitioner. The petitioner was there throughout with him.
My brother had also been to their new Delhi house once, on invitation. My brother who is a CA and into Project funding had visited the petitioner’s office when he was on a business trip to Delhi, to discussed avenues of funding of the petitioner’s new project in Jharkhand. On his invitation then to show his swanky new home my brother had been to their house. Petitioner now cites these visits and alleges that there were numerous occasions where my brother had adulterous relationship. he says his servants witnessed which is bullshit.
b). He cite phone call records of respondent 1 speaking to my bro (Resp 2) and some whatapp chats which is not my brother. My brother and his wife often shared the same phone while speaking to resp 1.
c). Resp 1 had sent gifts to my brother’s wife in his office address which was the postal address. That he says is a proof of amorous relationship.
d). he enclosed a CD which has porn videos which he says my brother had sent on WhatsApp.
We were shocked 2 know abt their marriage rocked. We don’t know why we are being made respondents to appear in Delhi in June. What are the repercussions? We fear loss of prestige. What if we don’t go? Pls advice help.
Asked 2 years ago in Family Law from Guwahati, Assam
I wanted to upload 1 pdf file,(small), but was unable. I want to upload the file..Please let me know if i can upload the same now. References to "my friends" in the 1st para of the question uploaded should read "brother".
Now, my brother is not in touch with his sister - in - law and he is unaware as to what is her disposition. We wish that their marriage continue, but on reading of the papers it is obvious that the entire allegation is a bunch of lies, only to avoid payment to his wife, resp:1. We cud gather by speaking to the respon's father that she was told by the Father in law (FIL) that as a step to ensure reconciliation, he made resp: 1 to sign a MOU, and file a first motion in March 17, under 13B (1) n (2) of HMA, 55, with the 2nd motion to be filed later. He said that he would see that alls well in this time, The resp: 1 thereafter stayed with her FIL for more than 6 months where all the grievances the family had regarding her getting up early, being with mobile, not sheding weight n other small issues were rectified to their satisfaction. The husband had taken the child away to another city of his factory in this period. The petitioner is extremely affluent and can afford a string of well paid lawyers, and are capable of all sorts of things. My brother is a CA into profession and has his means are of no comparison as that of the petitioner and he has to give time for his client job.
a). Can we file an reply without going to Delhi. If we make out the reply to the points can some lawyer in Delhi present it for us, without our going there. Would it impact our case? The Petitioner and the respondent stay in Delhi.
b). Can Whatapp chat be any basis? It can be deleted and selective chats can remain to present a totally different meaning. Forwarding videos by broadcasting in a group of family / friends in our opinion should not constitute any basis.
c). How long these cases last? Will we be called again and again? I need to get over this. Pls
Asked 2 years ago