Legal Question in Family Law in India

My sister got married to a younger man about 8 years ago,he was 4-5 years younger to her, it was a love marriage.Now, they have a 3 years old boy,

and my sister's life is hell. Her husband is adulterous and flirty nature. He does professional photography as second career though he works full time in capgemini. He met a divorcee about 1 year back in a photography forum and they have been having open affairs. My sister marriage has always been rocky. My brother in law is not the "marrying kind of guy". He behaves like he is living in the western culture, no respect for in laws, or even his own parents, his siblings. He has mentally and verbally and emotionally tortured my sister. He is not at all involved in bringing up the kid,what he does is provide money only for his kid's schooling n grocery and says only " Hi" and "hello" to his son, that's it,he works night shift,his daily routine is get up for work,have lunch, say hi to his son and go to work,before coming back from his office, he has dinner at his mistress's place and spend sometime there than come home to sleep at 3 in morning,he doesn't talk to my sister, he only talks abuses to my sister. Saturday and Sunday are spent at his mistress flat,they sometime go for outdoor shoot for the photography firm he has,in other cities, they go together, spend 3-4 days and come back. My sister after spending about 2 months with her in laws in our hometown came home in Bangalore to find her husband undergarments everywhere, they lived together while she was away, her in laws know about this whole affairs like my sister,but they don't talk to their son regarding this,as he had refused to talk to them. Though they support my sister, their support remains only in "paper", they aren't doing enough for her,her husband calls my sister " old woman" older than him,verbally abuses like old woman have expiry date, she can leave him if she has no more patience, else she should shut up lying around like a doormat.He specifically told her he don't love her at all, and he won't stop his relationship with his mistress. My sister tried talking to her husband many times regarding this issue, but his reply is only abuses. My sister confronted him that he was the one who insisted on marriage and sent his parents with proposals, he knew about the age gap, why did he marry her then? He said he made a mistake and it can't be undone. I am so angry with the way he treats my sister. My dad passed away a few years back leaving us with no money and little property. we have one brother younger 2 my sister and elder to me. My mother is very old 70+,my sister is a home maker just like me. My brother is jobless ever since he move to hometown to take care of my father some years back. He is trying to open up a small shop without much success and has a wife to feed. My own 4 years marriage is on rocks with verbal,mental abuses at the hands of my narcissistic and egoistic husband who doesn't even spare my deceased father, entire family from his verbal rant. My marriage is better than my sister in a sense that me and my husband at least talk for now(not sure about the future) unlike my sister's where her husband refuses to talk to her at all,he makes her and their son to stay in the 1st floor room separately and he forbids them from entering his room in the second floor,he refuses to let my sister wash his clothes, makes her walk very distant from him when they rarely go out for their son's doctor visit and ask her to pretend that they don't know each other, she even brought her mistress to their home and introduce her as his friend, my sister didn't insult that woman even when she wanted to,because its her husband that has a mental defect. Both of us are at the brink of marriage breaking down, we both have 3 year old boys, my mother knows everything but she said she can't bear the humiliation that our society will shower our family with bad mouthing if both sisters divorces. My husband love our son so much even though I have single handedly brought him up,his school, playing with him, taking his to playground and doctor's visit,etc, my husband is busy man works 8-7/day but at least he spend an hour or so with his son after office and on weekends unlike my brother in laws who only says "hi" "hello" to his son, can domestic violence be filed against my brother in laws? He not only refuse to stop his mistress from working as his asisyant in his photography firm but also hired her in capgemini in his own department under him in Bangalore where he works as a manager. So, they can spend time together 24*7. His mistress was jobless before meeting him, supported by her brother, after meeting my brother in laws, my brother in laws started providing her financial needs, then hired her as his assistant and now hired her in his department under him in capgemini where he works. I feel like exposing them but kept quiet for the sake of my sister. I feel like approaching his company to fire him, but that would be useless. What can we do in case my sister filed for divorce?


Asked on 1/26/16, 12:44 pm

1 Answer from Attorneys

Dear client yr sister can file divorce on the ground of adultery against husband. She also can file domestic violence case for mental harassment ans ask compensation. For any legal help call me

Adv prasad patil

9604349028

8446247807

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Answered on 1/26/16, 8:22 pm


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