Legal Question in Family Law in India
husbnad illegally living with another girl-help
My sister in law got married 5 yeras ago to a high profile lawyers family in a small town and my brother in law is also an advocate with political clout.Marriage is 5 yeras old and they have two children aged 4 and 3 years.For last 6 months the brother in law started an affair with agirl half his age and who is now pregnanat .Now the brother in law has totatally left the my sister in law at the mercy of her parents and is almost remorseless in his actions .
My sister inlaw attempted to persuade the girl and her husband to end the relationship but it was futile and after struggling for 3 months for about last two months she has started staying in the house of her parents along with the kids.She has verbally approached SP OF THE area as well as the woman cell who sent notice to the brother in law who has avoided them .
sister in laws family is not rich finanacially as much as the brother inlaw.
Can any one please guide as to what all sections are to be be applied for in domestic violence case and what my sister in law has to do to prove the utter irresponsible behaviour of the sadistic family of the my brother in law.
3 Answers from Attorneys
Re: husbnad illegally living with another girl-help
Adultery is sufficient to bring the errand to tenterhooks of law.adultery is punishable under Section 497 of the Indian Penal Code (IPC), 1860. As it stands, this Section makes only men having sexual intercourse with the wives of other men without the consent of their husbands punishable and women cannot be punished even as abettors.
Section 497 penalizes sexual intercourse of a man with a married woman without the consent of her husband when such sexual intercourse does not amount to rape. That is, it draws a distinction between consent given by a married woman without her husband�s consent and a consent given by an unmarried woman. It does not penalize the sexual intercourse of a married man with an unmarried woman or a widow or even a married woman when her husband consents to it. In case the offence of adultery is committed, the husband cannot prosecute his unfaithful wife but can only prosecute her adulterer. However, since the offence of adultery can be committed by a man with a married woman only, the wife of the man having sexual intercourse with other unmarried women cannot prosecute either her husband or his adulteress.
Re: husbnad illegally living with another girl-help
you can file a case for restitution of conjugal rights. Also file written complaint with SP
Re: husbnad illegally living with another girl-help
(1) You may send a written complaint to the Station House Officer, Police Station of your area with a copy to the Superintendent of Police of the District; the DIG Range and IGP/DGP of the State;
(2) The complaint may include all the factual allegations which may be covered in Section 498-A and 406 of IPC;
(3) A complaint under Protection of Women from Domestic Violence Act, 2005 may also be filed separately with the authorities claiming (a) residence and (b) damages for her living expense etc.
(4) The girl, who herself is a victim of the situation, should not better be contacted; let the child birth be normal, if possible.
(5) You may contact the women organisations of the District/State who may back/support your case with the authorities;
(6) You may establish some rapport with local press / news agencies and who may publish the news of your complaint.
(7) You may also write to the Bar Council of the State praying for appropriate action against the lawyer. A complaint may also be made to the (a) Bar Association where the lawyer is practicing; and (b) the Judges where the lawyer is usually appearing.
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