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Married man having physical relation & love with girl & girl knows & no promise of marriage but girl
20-May-2023 (In Criminal Law)
Hi my brother in law is 31 & has a daughter. He had physical relation & affair with UNMARRIED 26 yr old colleague of his wife for last 3 years. Without knowledge of wife but the girl knew he’s married & he didn’t promise marriage. But he said he loves her & he is bored of his wife but cannot leave her. Now the girl wants to marry. Can the girl claim marriage rights & do case? Can my brother in law put harassment case on the girl? Can my sister make case on her husband & also on the girl for cheating & still not give divorce? What sections would apply? All Hindus by religion.
Respected sir /madam
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Adv. Pathan Said Ahmed Khan
Ambajogai | 100+ Answers
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Answer for 1st question. that the girl can claim for marriage rights, then yes and she has right to file case.
second question. that your brother in law also right to file case for harassment.
In all such situation your sister has vast rights she can file domestic violence case, maintenance case, and also file cheating case with section 498 of IPC and also 420 on such girl.
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Adv. Dinesh Gaikwad
Dhule | 25+ Answers
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Well, it was consensual sexual relationship between your Sister's Husband and her Office's Colleague. To pressurise your Sister's Husband, she can give threats of filing a Rape Case against your Sister's Husband, so that, either your Sister's Husband marry her after divorcing your Sister or else transfer few of the properties on your Sister's Colleague's name along with Bank Balance.
Your Sister has got the option to give Divorce to your Husband on the grounds of Adultery/Extra-Marrital Affair. Your Sister can claim temporary Maintenance & Alimony for once and all.
If your Sister's Husband is still engaging himself in fucking your Sister's Colleague without taking Divorce & at the same time, enjoying Marital Relationship with your Sister, then too, your Sister cannot file a case to penalise & get her Husband sentenced because Adultery has been recently decriminalized by the Supreme Court of India. Thus, only option, your Sister has to give Divorce to her Husband.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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