Advocate Ammar Anish Pahadwala

Questions Answered by Advocate Ammar Anish Pahadwala

Q: Family dispute regarding husband's extramarital relationship

My parents are Hindu and both government teachers. My father has allegedly been involved with another woman for about 3 years. My mother wants to save the marriage. He has become emotionally distant from the family and appears to spend money on the other woman. We have videos showing her visiting our house. What legal rights does my mother have? Can a legal notice be sent? What evidence is relevant and what legal remedies are available?

Advocate Ammar Anish Pahadwala answered
Your mother has legal remedies, although the appropriate course depends on whether her objective is to preserve the marriage or seek separation. Since she wishes to save the marriage, a legal notice may first be issued calling upon your father to resume his marital obligations, refrain from maintaining an extramarital relationship, stop diverting family income or assets to another woman, and participate in counselling or reconciliation, while also putting him on notice that legal proceedings may follow if his conduct continues. Although adultery is no longer a criminal offence in India following the Supreme Court's decision in *Joseph Shine v. Union of India*, it remains a matrimonial wrong and may constitute mental cruelty, besides being a ground for divorce under the Hindu Marriage Act if adequately proved. Relevant evidence includes photographs and videos, messages, emails, call records (where lawfully obtained), bank statements showing financial transfers or expenditure on the other woman, travel or hotel records, social media posts, and testimony of witnesses; the videos of the woman visiting your house are relevant but, by themselves, may not conclusively establish an adulterous relationship and would be assessed along with other surrounding circumstances. If your father's conduct amounts to emotional or economic abuse or he is neglecting your mother while spending family resources elsewhere, she may also seek appropriate relief under the Protection of Women from Domestic Violence Act, 2005, including protection orders, residence orders, monetary relief, compensation and other suitable directions. As both parties are government teachers, any claim for maintenance would depend upon their respective incomes and financial circumstances, though other matrimonial and statutory remedies remain available irrespective of her employment. A complaint against the other woman is generally not maintainable merely because of the alleged relationship unless she has independently committed a cognisable civil or criminal wrong. The most prudent course would be to preserve all available evidence, ascertain the extent of financial diversion, issue a comprehensive legal notice, and, if reconciliation efforts fail, consider appropriate proceedings under the Hindu Marriage Act and the Protection of Women from Domestic Violence Act based on the evidence available.

Q: Understand law and derive next steps

Just a year of marriage. Not working out. Need to undress alimony/ maintenance law. Safeguard family & how can we initiate divorce

Advocate Ammar Anish Pahadwala answered
If the marriage has broken down within a year and reconciliation is not possible, you may explore divorce proceedings depending upon the facts of your case. Under Indian law, a petition for divorce is generally not maintainable within one year of marriage except with the leave of the court in cases involving exceptional hardship or depravity. Alternatively, parties may consider a mutual consent divorce after satisfying the statutory requirements.As regards alimony and maintenance, there is no automatic liability to pay a fixed amount. The court considers several factors, including the income, assets, earning capacity, standard of living, age, health, and financial needs of both spouses. If your spouse is independently earning and financially self-sufficient, that would be a relevant consideration while determining maintenance.To safeguard yourself and your family, preserve all communications, financial records, and documents relating to the marriage, and avoid any conduct that may aggravate the dispute. It is advisable to consult a local family law advocate who can assess the specific facts and guide you regarding divorce, maintenance exposure, and any precautions to be taken in your particular circumstances