• Husband cheating on wife

My brother in law is cheating on my sister for the past 2 yrs. both the families interfered and made him understand to come back . He promised but nothing has changed.

Now he is trying to meet my brother to end up everything . He keeps messaging my brother to meet him and we all know that he just want to say that he can’t do it anymore . When my brother told him that he won’t meet him to just to listen complaints from him about his sister. My brother in law called up my sis and threatened that he will send the papers or dragged her outside the home . My query is if he send the papers of divorce what shall we do . Is there a way to avoid it . My sis is not financially sound and may even loose to be with her kids on that part .
Asked 5 years ago in Family Law
Religion: Hindu

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16 Answers

The husband has not kept the wife at home. She is living with her family. First of all file a maintenance application in the court. Also an application for domestic violence against him for mentally torturing  you.

The court shall provide a good sum so that she may live independently if she wants.

Sending papers only means that he wants to take divorce. You should accept the notice and appear through your advocate and explain the teu situation.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

She can claim maintenance and contest divorce. She can also obtain prohibition order agasint the husband - residence girth etc.

Divorce will not grant just like that, years will take and may be dismiss. She can also file police complaint of Domestic violence.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Hello,

if she is in India then divorce can not be given to her without her consent. File a case pf harassment against the husband.

she can also file a case and claim monthly maintenance.

custody of the children will depend on welfare of the child. 

She has plenty of options to exercise.

 

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1) in case husband files for divorce your sister can contest the divorce proceedings 

 

2) file petition for RCR 

 

3) also  file DV case against her husband seek right to stay in matrimonial home , maintenance , protection order , compensation for mental torture undergone by her 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

First upon she should give legal reply to that Notice and then file Domestic Violence Case against Husband for threatening for Divorce. she can also file Criminal case & Maintenance case under Section 125 of Cr.P.C.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

He can't send papers of divorce.  Divorce is obtained through court.  Your sister can file divorce if she wants.  Other wise she can file complaint under domestic violence Act.  She can also claim maintenance from him under various laws for the same

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

If you are of a firm view that he will file a petition to divorce, your sister has to file without delay a petition for restitution along with domestic violence and criminal maintenance. 

Regards 

G.Rajaganapathy

Lawyer 

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

1. No divorce happens by sending papers. So first remove this thought form your mind.

2. For all the tortures done to your sister she can file criminal case u/s 498A against her husband and in laws .

3. She ahs the right to file case for maintenance under PWDV Act and u/s 125 crpc also.

4. This an is going to change and if that is so then bring your sister back and file the case as advised above unless you think that intervention of family members may revive this marriage.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

See your sister can file a complaint of domestic violence and cruelty can seek right of residence and maintenance from the husband. Further just by divorce papers he cannot take divorce he has to file for same in court and your sister can contest same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

There are several enactments in favor of married women.  You must show heat of the litigation to your sister husband otherwise you cannot sustain in such unbearable atmosphere.  You can file Domestic Violence case.

file Domestic Violence case seeking following reliefs:

 

PRAYER

                HENCE THE APPLICANT HUMBLY PRAYS

  1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
  2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
  5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
  6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
  7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
  8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hi

You need not panic.

First have detailed proofs about his so called cheating (as many as possible).

Why is he in Singapore & your sister in India (issue not clear)

Coming to his threats, he has to prove his case.

If the issue goes beyond your control, you may have to initiate / take steps to file criminal cases against him.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Since your BIL is so desperate for Divorce, why not use it to your sister's advantage to get a better deal for her in terms of alimony and custody.  Realistically speaking, there is no point in dragging a dead relationship forward.  It will only cause more pain and agony to both people.  Ask for custody of the children, their maintenance and a lumpsum alimony for your sister.  If he refuses to part with that, then refuse for Divorce.  

Either ways, it is important for your sister to have proof of his relationship.  Just a statement that he is cheating is not going to suffice.  You need to have proof of the same, through pictures, messages etc.  

 

My advice would be for you to try to settle the issues amicably first.  if that doesn't work and he sends the papers for Divorce, then oppose that tooth and nail.  Produce proof of his Adultery.  If you are able to substantiate your statements with proof, his Petition will be dismissed for sure for a person cannot take advantage of his own wrongdoings.  Your sister can also file a Petition for maintenance.  

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

your sister is advised to file/claim

498a complaint (for causing mental, emotional, physical and monetary abuse, etc) 

Domestic Violence case (have rights to claim residence, protection, compensation, etc)

maintenance claim,

if she does not want to opt the divorce presently, can ask for judicial separation also, 

Call/mail for a detailed discussion/understanding

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

1. You have not mentioned whether all of you reside in Singapore  and have citizenship there or not. Are you all NRI residing at Singapore?

 

2. As per Singaporian Law, divorce suit can be filed after 2 & 1/2 years of marriage.

 

3. If your sister had married him in India then he shall have to file the divorce suit in India.

 

4. Your sister can file a maintenance case in India for which her husband shall be bound to pay the same to her and her children.

 

5. Divorce decree granted by Singapore Court will not be considered as valid in India.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

If your sister cannot tolerate her husband' behavior and his affairs with another female anymore then she may plan to divorce him but she may have to gather courage to live separately and alone with her kids.

If her husband is assuring to give up his habits and the extra marital affairs, then let she give him a chance to save the marriage.

She can claim maintenance for her and and her kids in the meanwhile.

 

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Dear Madam 

She should file a case of domestic violence and maintenance against her husband.

In domestic violence she will get the order to reside in the matrimonial home as her right and also compensation and maintenance from her husband.

And by maintenance case she can get monthly expenses for herself and her son. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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