• Gay case - cheating, fraud, domestic violence

My sister got married (Love cum Arranged) to a person in Oct 2010. The marriage was held in Jaipur (our hometown) and court marriage in Chennai (Grooms hometown). She went to live with him in 2012 and found out in 2013 that he was gay/ bisexual. We have the emails to prove that. She left him in 2013 and came back to my parents in Jaipur. The reason being he used to beat her up badly to safeguard his secret. We have a video showing her injuries to eye and body. The groom lived in joint family and no one stopped him from violence. Later on, after separation, My sister got this statement out of him (recording availble) that he is gay and he was having an affair with other male while he was marrying her. Now ...My sister wants divorce. They  are denying any compensation to her and want to quietly settle the case out of court. His family has property worth crores . Father being instructor in Merchant navy academy and he himself being in Merchabt Navy...Has been selected first officer and his pay will be 4.5 lakhs per month. Also when i spoke to his father, he denied any knowledge of Him beating up my sister. My question is How much Alimony can we ask and how long the case may run...The advantage here is that his secret of being Gay is not out to public and we have proofs . Thank you in advance for the reply.
Asked 10 months ago in Family Law from United States
Religion: Hindu
1) to pressurise her husband to settle your sister should file 498A case against husband for continuous acts of cruelty. since her husband has brutally assaulted her case under 498A is made out 

2) also file DV case and seek maintenance of Rs 1 lakh per month , compensation for mental torture and protection order

3) file for contested divorce and seek alimony . contested divorce cases take 5 years to be disposed of 

4) alimony is at discretion of court and depend upon number of factors your income , years of marriage, life style of husband  etc.

 the amount of alimony to be paid cannot be fixed by law as it varies from case to case; the most important aspect is to maintain a balance while deciding the same. In divorce cases, the courts must factor in the wife’s status and lifestyle while fixing alimony to ensure that she lives in reasonable comfort considering her status and mode of life she was used to when she lived with her husband. 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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1) according to you My question is How much Alimony can we ask and how long the case may run...The advantage here is that his secret of being Gay is not out to public and we have proofs .

2) i have answered your query as to alimony 

3) secondly according to you "My sister wants divorce. They  are denying any compensation to her "i have advised you that your sister can file for divorce on grounds of mental cruelty and seek alimony . 

4) further your sister file DV case seek alternative accommodation , maintenance and compensation for mental torture . 

5) she can also file 498A case . your brother in law will agree for an out of court settlement  if he wants to hide his sexual orientation  . 498A/ Dv cases take 5 years to be disposed of
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Hi, Your sister can file a petition for divorce on the ground of cruelty and if your sister has evidence to show that he has treated your sister at most cruelty and also ground of biseual.

2. As per law it is the duty of the husband to maintain his wife and children  so he has to pay the maintenance to your sister, the quantum of maintenance is depending upon his income, properties and his social status and if your sister provide all these information before the court your sister will get good maintenance.

Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Your sister can reject the offer of settlement and file for divorce on the ground of cruelty against him. Emails along with any other communication can be used in the court as evidence by her. This apart, she can also file a case for domestic violence to claim compensation from him on account of the violence suffered by her. She is also free to file for maintenance against him. Your sister can ask for the moon in her claim but it is the court which will fix the quantum. It may be 1/3rd of his net salary.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
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The time frame of the case is subject to local factors such as judge-population ratio, backlog of cases in the court along with judicial infrastructure.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
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Prima facie you have sufficient evidence to stand on your feet in the court, so she is free to file for divorce on the ground of cruelty. A criminal prosecution for cheating or fraud is not made out against him. The meaning which fraud and cheating carry in legal parlance is not the same as is ascribed to these expressions in common parlance. However, she is free to criminally prosecute him dowry violence if he has harassed her for it. You cannot impose pre-conditions on the court or your lawyers. Nobody can guarantee it will be done in 1-2 years.  If it is Jaipur then you should be prepared to invest at least 18 months in the court.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
1) in india lawyers cannot charge percentage of recovery made by client as legal fees 

2) it is not possible to finish case in one or 2 years 

3) divorce , 498A , DV cases take 5 years to be disposed of 

4) criminal cases take around 10 years to be disposed of 

5) your sister can file police complaint against her husband under section 377 of IPC for having un natural sex with another man . rely upon evidence in her possession 

6) in bangalore recently wife had filed police complaint against her husband fr having sex with another man and police booked him under section 377 of IPC

7) your sister  can also file case of cheating against him under section 420 of IPC as he married her inspite of knowing he was gay 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
With the proof of his nature i.e., 'gay' she can very well file a divorce case on the grounds of impotency and with the evidences o his nature being 'gay' she can easily get divorce on the said grounds as well as mental cruelty.
Now the question about physical assault.   It will be too late if she files a criminal complaint on hat ground, however she can include them as her pleadings in her divorce petition.
She can file a cheating case against him for suppressing the fact of his nature 'gay' which was material to this marriage and  claim compensation for the physical loss, mental loss and time loss etc,  in terms of money to whatever extent she may justify it.
If he agrees for mutual consent divorce, she may place the demand for a big alimony amount owing to his cheating or else to contest the case from her side and also file a separate case seeking the above said compensation.   If she is not employed she can even claim maintenance to the extent of 1/3rd of his  income.
 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
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 If We put a fraud or cheating case  against him based on above two facts..What are the repercussions viz How much jail sentence are we looking at?  Also, We want to demand 50 Lakhs cash as compensation for out of court settlement . How feasible is an option that they go for it to avoid criminal charges ? We want a lawyer from Jaipur who can fight our case , he can ask for more and we can give him 10 % of Alimony..Main Pre- Condition : we want to finish the case faster (within 1-2 years timeframe) .
First thing you should understand that you are seeking lot of reliefs that too within short span of time.  Our legal system any not support your anxiety. Your sister may claim damages even for one crore based on his immovable assets. The physical tortures meted out to her so far constitute the elements for DV act. The evidences in her possession about his nature'gay' shall constitute a valid element for a cheating case. However he may not get jail sentence for this except he ma be liable for compensating the same with amount.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0

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