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Extra marital affair of brother action being taken how to deal with it


03-Sep-2023 (In Family Law)
My bro has illegal affair from 2013 he married in 2015 and has a daughter recently my bros wife family came to know about this they want to go legally how to face this problem?
Answers (1)

Answer #1
534 votes
Your brother’s wife is entitled to file a petition for divorce under Section 13 (i) of the Hindu Marriage Act, 1955. If your brother had relationship and sexual intercourse with a married woman then the husband of that girl can file a criminal case of “Adultery” under Section 497 of Indian Penal Code, 1860. The best possible way to deal with the situation is to apologise to wife and in-laws and to try to convince wife by making promises that he will not continue any such relationship with any woman in future.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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Comments by Users

Tutuk
My brother had extra-marital affairs with my wife n mentally harassed me and my son..what I should do now

Reply by LawRato
Although adultery is no longer a criminal offence in India, there are still some situations where a husband can file a complaint against the adulterer under criminal law. For example, if the adulterer has committed an offence under other criminal laws, such as rape or sexual assault, the husband can file a complaint against them.
You can file for divorce under the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954. Adultery is considered a valid ground for divorce under these Acts.
You may also choose to seek counselling for himself and his wife to address the issues leading to the affair and attempt to save the marriage.

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