Legal Question in Medical Leave in India

Can a wife file a case against her husband for cheating and living with another married women?

My mother, aged 54 and father, aged 55 were happily married for the past 33 years. They have 2 daughters, married and living abroad with family n children.

A year before we found out that my father was having an affair with a younger married lady, who has smallchildren too.

On confronting him several times he kept denying and instead put the blame on us saying we were spoiling his name by accusing him.

Then he started to stay away from house without even informing anyone for days together when my mother would be crying and searching and calling everyone asking about his whereabouts.

Now he is again vanished for almost a month after giving VRS in his office. But this time we have found out where they are staying( as husband n wife) and want to take legal action against them.

My mother does not want a divorce but still want to take some strong legal action for all the torture she has n is undergoing, for all the shame she has to face and most of all cheating n leaving her with nothing to take care at this age ....

Pls advice as to the next step of action. Very urgent as my mother is all alone with no support.

Thank you


Asked on 1/20/11, 8:35 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case he does not want to stay with your mother, he cannot be compelled to stay with her under the law. every one has got the freedom to life and personal liberty but your mother can seek the legal remedies viz. maintenance etc. and she may also resort to a complaint under domestic violence act but before initiating any legal process, it is advisable to reconcile the matter with intervention of elders in the family.

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Answered on 1/20/11, 10:25 pm


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