How to solve

Seek intervention of elders and sort out matter.

No use roaming to court.

Get divorce via MCD.

Contested divorce takes 7-8 years to get over with.  Till such time wife will be left in lurch.

Only way out as I see it take MCD, and file 498a as he has taken money.  But why on earth did not you file 498a ?  You should have filed it as he has really taken 20 lacs.

Now too its not late.  File 498a.  Change lawyer asap.  BTW which place do you come from?

Ld Adv Gyan , when Mr Varun is saying husband has taken 20L in cash where there is no proof , then how are you suggesting to file 498a ? This will further delay the litigation. Dont you think after 5yrs of fighting the case the wife or her lawyer would have not suggested to file 498a if it was required. This case needs more brief and real facts seem to be missing.....

Already the case is running for 5yrs and it seems the wife is denied justice with no maintenance, which is very strange under the brief stated by the brother

Mr Varun , is the same lawyer fighting your sisters case from last 5 yrs ???? If yes then change him, he seems fixed.........in case brief stated by you is completely correct

The best way is MCD

Filing 498a is different, making the husband speak in witness box is an art.  Not all can do that.  Not all lawyers can get the accused speak like a parrot in the witness box.  Even though there is no proof of husband recieving 20 lac cash, the husband can be made to confess through art of cross examination in the witness box and thereby held him guilty and ask suitable punishment from honourable court.  

So, first file 498a, then find competent lawyer who can make husband confess in witness box in front of magistrate.  Game over for husband.

Husband who has made his wife run for 5yrs in court without paying any maintenance is much much smarter than a normal husband. 

498a without any strong evidence will be a waste of time, where in this case 5yrs is already wasted. The husband will just say i didnt take any money , what are you talking about ? prove it !!

Sir,, ur earlier post suggests to go for MCD then you say file 498a and also clarify that contested divorce will take 7-8 yrs is confusing

Your problems are : 1.  Even for the last 5 years, she has been staying separately with her daughter, she is not getting maintenance.  Let  us know under which Section and Act, she filed the case and why interim maintenance was not granted.  Further, if she was working and not entitled, then also her daughter is entitled to maintenance. Let us get a more detailed position, that when the case was filed and what happened to inteerim petition.

2. For getting visitation rights, what case you have filed?  Let us know about it.

3.  Your descriptttion indicates that he had "made affair" (extra-marital).  You sounds that it was only a one time affair.  May it be so, finally what your sister wants - condone his affair and continue the relationshp or throw him away from her life forever.  Find it out from her.  The very insurmountable situation is that if husband files an adultery case against his wife, such wife in normal situations would feel offended and does not like to cohabit again.  But keeping in view of the age of the chidren -11 years son and 9 years daughter - your sister might be thinking otherwise.

4.  If she does not want to maintain relationship, then go for mutual consent divorce, with appropriate permanent alimony keeping in view of the needs of the girl child into consideration.

5.  If no further relations won't be possible, then you have to file approriate case also for recovery of the cash he received.  Even though it is cash paid transaction, money won't fall from heaven.  If its source is shown, it can be tracked with proper intelligence.

If you are living in Delhi and need any legal assistance in Delhi courts., pick-up the phone and call me in evening after court hours.  My Number is 9868332610.