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vinay_2431 (engineer)     13 November 2018

Can a mother in law file adultery case on daughter in law

Hello Experts,

  Can a mother in law file a adultery case on Daughter in law?

the situation here is that the man is mentally retarted so he is not able to file any case and police are not acepting his words as he is mentally reatrted.

so in this situation can a mother in law or any other family members of husband like brothers file adultery case on his wife on behalf of that mentally retarted man?

  if other family members cannot file adultery case then who can save that retarted man?

Thanks,

Vinay.



Learning

 4 Replies

R Trivedi (advocate.dma@gmail.com)     13 November 2018

I am not getting into morality, but pl think. Won't it be more proper to get the husband treated rather than worrying about adultery or whatever of his wife??

R Trivedi (advocate.dma@gmail.com)     13 November 2018

I am not getting into morality, but pl think. Won't it be more proper to get the husband treated rather than worrying about adultery or whatever of his wife??

ANAMIKA VICHARE (LAWYER)     13 November 2018

Adultery case can be filed by anyone.   However, in this scenario, it is pertinent to note whether the husband's mental position became due to his wife's adultery ? or thw wife started living in adultery due to husband's mental state.   Further, it is also to be considered the time lag during which adultery started.   If the mental state of the husband was for more than years, hiswife's adultery cannot be questioned.    Further, mere filing of adultery case, is not going to solve the real problem.   Inthis situaion, it is more important that the husband's mental condition is treated medically.   It is question of his life,.  By going to court, you are going to lose money, time , energy and mental peace whoever fles the case.    Therefore, in this scenario, counselling is better option.   Litigation is not easy.   And looking into the judicial processes, it consumes lot of time and by the passage of time, much water is flown under the bridge and that temp o of taking solution or revenge does not survive.   So please, my advise not to file any case and give medcal treatment to husbandd and try to give counselling to wife convincing her that from humanarian ground, she should support her husband to undego medical treatment.

 

vinay_2431 (engineer)     13 November 2018

Hello sir,

   This man is by birth Retarted, he has been married for 22 years and have a son .

we took him to treatment in 2011 to 2014, treatment went fine all and husband's mother was bearing all the hospital expenditure inspite of property being enjoyed by this man's wife,even the bus charges to go to hospital were collected from this retarted man's Mother. The doctor gave report that she needs to go through counsilling as there is nothing humans can do for birth defects of the man. After that his wife stopped treatment saying that my husband is good now and behaving well, and everyone in village believed her.

And now this female is having all sorts of affairs in the village, and she has no control on herself and behaves as if there is no one to question her as her husband is retarted. Many elders tried to intervine but she has warned everyone that she will file cases against them and so everyone is backing off.

 which is why the question if not husband can husband's mother or brother's can file for adultery case on her and bring her down to talking terms ?

Thanks,

Vinay.


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