leela (engineer) 26 July 2011

Adultery/Bigamy by my brother-in-law

Need some advise:This is with related to my sister and her husband.One year back we register a case against my brother in law for domestic violence,dowry harassement and adultery.It has been a year,so the cases in the court are in progress.Meanwhile my brother in law started living illegally with a women who is his collegue for the last 10 months.We named her also in that complaint against him.Now i heard and i have seen that the lady is pregnant and my brother in law is the reason for her pregnancy.Still arguments are going on in the court.How can we proove and face this immoral act.My sister is already having a girl who is 12 years old.my brother in law harassed my sister in the past for a male child also.Already enough cases has been filed.Is there any way i can proove my brother-in-Law relationship with that lady or any fresh cases i can file against him so that i can stop him in further damaging us emotionally and mentally.

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5 Replies

Sanket Sharma (AM) 26 July 2011

You said, your brother in law has a 12 daughter , means they have married for more than 12 years, Is that dowry and DV act fit your BIL in soup ??

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Sajeev Menon (Legal Consultant Dubai 00971 508836442) 26 July 2011

Hi,

As you have already made that lady a party in the case, you can pray the court to summon her to examine regarding the pregency as well you can summon the hospital authorities, doctor where that lady is treated to produce the documents regarding the treatment, in which it should have been mentioned 'her husband's name'.

No mother will be ready to hear her childern as an illegitimate without father's address.

you can call for the hospital records to prove your case.

R.Ramachandran (Advocate) 26 July 2011

Unless your sister's husband is married to that lady - nothing can be done by you so long as that lady is not complaining. Further more, unless that lady is already married and her marriage is subsisting, the question of adultery by your brother-in-law does not arise. In case of any such adultery, it is only the husband of that lady who is the aggrieved party and it is only he who can make a complaint and nobody else.

It is not clear whether case under Sec. 498A IPC was lodged or not. We hope, a competent lawyer is handling your sister's case against her husband.

leela (engineer) 26 July 2011

The lady i mentioned who is living with my brother-in-law is not married before to any one.I have some video clippings of my bro-in-law and his parents arguing with me saying that " she is living here with their son and will inherit the property and they are not going to desert her despite the case against her."can i take this to court of law and let the court summon them .

Advocate Rajkumarlaxman (Advocacy) 29 July 2011

In law second marriage is not permissble i.e. as per hindu law. and if any one begets children on the basis of acquitance merely, then the children get right in the property but not the women[mother of children] as she is not married to you brother in law. saying that " she is living here with their son and will inherit the property and they are not going to desert her despite the case against her." doesnot any way mean and understand that they have been married or marriage has been consumated between them.