Maintenance n divorce

Querist : Anonymous (Querist) 13 September 2011 This query is : Resolved
my cousin got married 5 years before n just after her mrg she come to knew about dis shocking fact that her husband is physically involved with his aunt.his family members were also aware of dis fact but they never told her anything about this.many times she saw him with his aunt in objectional conditions but for the sake of their mrg n son she didn't take any legal action nd try to resolve the matter with the help of family members.every time he promised that he'll never do this again n will come out of that illegtimate relationship.but he remained like that n started to torture my cousin mentally n physically too.he registered the land on his own name which my uncle has given her as gift in her marriage and also kept son with him.she loose all hopes nd tried to attempt suicide twice.he refuse d fact that he has any relationship with his aunt but cotinues to go at her place without tellin my sis.nw my sis left his house.v don't ve any substancial proofs of adultery against him.wat action can we take against him?he is a govt employee.can we file d case with the charges of domestic violence,adultery n demand for dowry..need help plz

Follow Query

Report Abuse

ajay sethi (Expert) 13 September 2011
1)yes you can make an application under DV act make claim for maintenance, right to stay in shared household, etc .
2)you can also seek an injunction restraining your husband from harassing you in any manner
3)you have stated that uncle gave gift to your sister at time of marriage .

4) do you have any proof of dowry given ?

5)you can also file for divorce on grounds of cruelty , adultery if you have stayed separate for more than a year .
6) you can also file complaint under section 498A

7) you can also file complaint under section 497of IPC for adultery
Section 497 IPC provides for imprisonment upto five years or fine or both to a person who keeps physical relationship with a married woman other than his wife

consult a local lawyer