Prasad (Architect) 19 July 2012

Brother-in-law applying for divorce

Hi All,

My sister is facing some really cruel situation in her married life.

She has been married for almost 6 years now and has a 5 yr girl child. They were a happy couple until 3 months ago.

I was in US during all of these troublesome developments during which my sister used to call me for help.

I came down to India and got to know that her husband has started developing an affair with a girl.

I saw the SMS that he had sent to this girl which was evidence enough to understand that he was in affair with a another girl.

My sister was broken completly. This guy used to get drunk everyday for almost 3 months and scold my sister. She has been baring all of these and not letting our family know about this.

Now that I came to know about the situation, I asked and scolded this guy for his behaviour. He utilised this oppurtunity as a pretext and moved away from my sister. He moved to his relatives house.

I heard from my relatives that he is planning for filing a divorce against my sister. My sister is not willing for a divorce and so are we.

The guy's uncle is a Police Constable who is trying to support him for his bad needs and deeds. His uncle himself has two wifes.

I am not sure whom to approach on this for advise. My family is completely shattered because of this incident.

I kindly request you all to advise me on this.

Regards,
Prasad

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 19 July 2012

Hi Prasad,

First and most important, is your sister willing to live with an unfaithful man ? The course of action would depend on answer to this question :- if she wants to continue - then she can contest the divorce case, if she proves to the court the affair (for which ample evidence is available) then in that case court won't grant him divorce. If your sister is not working and is hence unable to maintain herself - seek maintenance & litigation expenses.

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Prasad (Architect) 19 July 2012

Hi Bharat,

Thank you so much for the quick reply.

Your answer gives me a lot of relief.

I have heard from my relatives that brother-in-law's uncle is planning for a legal counscelling.

I am not sure what this legal counselling is all about. I explicitly asked his uncle what this counselling is about...his reponse was..they are people for this purpose who will take of this problem...

I am not quite sure about if we need to go with this suggestion by his uncle or do we need to take any other path.

Please advise.

Regards,
Prasad