Adultery

File defamation case but never 498a as it'll go against her on a Vendatta story.

Taking adultery ground is not so easy, he has to prove that with whom your sistr has got illegal relationship.  Let her contest the case.

I don't agree Adv Rajoo. Contesting would mean admitting before the society but not law and society doesn't know what's going on in the court. Moreover while contesting he'll raise all types of defamatory issues putting your sister into great stress. It won't matter for any lawyer but it'll sure matter to you and your sister. Simply file a defamation case against him.. If the need be move the higher court and get a stay order.

Morever adultery allegation makes for a very serious case under 498a. Do that too. Its gross cruelty to allege in court that the wife is an adulterous. I usually don't reccomend 498a but your case seems to be genuine and so JUST file 498a against the guy. The marriage is broken now, you nothing to lose but everything to gain while your brother in law has everything to lose and nothing to gain. Move for divorce also and start finding decent guys for the sake of her life. CUT OFF ALL COMMUNICATIONS WITH HIM AND ASK YOUR SISTER TO MOVE OUT OF HIS HOUSE WITH KIDS AS FAST AS POSSIBLE.

If your sister doesn't have any kids then in the divorce petition allege that he is impotent. He'll quickly try getting the issue resolved. If he tries that, then you tell him to withdraw all allegations of adultery. BUT DON'T WITHDRAW YOUR CASES for the simple reason that  the stigma of adultery will never go.

Follow Adv. Rajoo's advice.

adultery and rape allegations are almost equal... defaming...  but what are the true facts... why and how he claim adultery... he must be having some evidence... are you sure your sister is unadulterated... if so you are full right to defame him... if not think it over... it could be marital discord... sit down and settle... no sense dirt flying... that too disgusting...

I agree with Mr Srinivas. He has just levelled such allegations??? Can an advocate file a case on very weak bruef. I dont think. There must be some evidence given. What r those. And after levelling such an serious allegation he is ruining his marriage. Is he so serious abt it ?? If yes and evidence are strong then sit down with him and find amicable solution. If he has no evidence ( which is normally not possible as only insane will file such a weak case ) then do what so many others have advised. 

My  dear Mr. Amit Singh,

I have got full sympathy with your sister.  But there is a well settled law in respect of defamation.  The statements/allegations made in the plaint, written statement/reply/affidavits or oral depositions amounting to defamation  made in the court of law cannot be challenged either in criminal defamation cases and civil defamation cases.  So, I suggested to follow the advice of Sh. Rajoo, advocate.

Putting false allegation of adultery amounts to mental cruelty perpetrated against the lady and she can invoke Section 498-A case.  But, straight away I will not advise you to file such case.  Because, before taking such hard decisions, a large number of facts have to be taken into consideration.

Fight his false allegation in maintenance case and get maintenance to the sister.  He filed such false allegation only to avoid maintenance.

But can't one file case on false case and false allegations and perjury if case is filed without supportive evidence?

Dear Mr.Rajoo,

he has blamed on the basis of very old pic of my sister and his friend  and one of her frined has send him message thru chat but there was no reply from sister side...on the basis of above two evidnece he is claiming she is adultery..

advise..

Also remember, he has filed application in court. He will try to prove, u will try to deny. Both parties will produce evidence etc. Then the court wil decide what is truth. Till than matter is subjudice. How can u say that he has DEFAMED UR SISTER. First things first. U prove her allegations wrong & then put Sec 500.

As per current Indian law, adultry is almost impossible to PROVE.