Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Murali (Manager)     16 August 2013

Husband illegal affair

Hi,

I am writing this on behalf of my sister, who is currently staying in our house with her two children (11 years boy and 8 years girl). The reason for this is, her husband has an illegal affair with another lady and he openly admits this. The reason he says for this is, "Your Sister is not capable of handling the house hold work, she does not know how to look after children, his parents, domestic work at house". He used to speak to that lady in front of my sister just to make her mad but used to lie that he is not speaking. Earlier he used to say that he is just a friend, but when I spoke to him on this matter, he barely said, if your sister's behaviour and her habits are not changed, I will marry this girl. But myself and most of our relatives feel the reasons he is showing are just to get rid of my sister and marry her. He was with my sister for 12 years and today he got this new girl and so he is saying all this reasons to get rid of my sister. I am worried to send my sister to his house, becuase he used to beat my sister, comes late to home, not bothered about children's education as he comes late and by that time children used to sleep. Now we brought them to our house and we joined them in a school and he never bothered to pay the school fees or to bother how they will study without his finacial support etc. I am worried to send my sister to his house as he is not having any affection on her. Recently when I spoke to him, he said he will come and take the children, but not my sister. 

I would like to know the following:

1. If they both apply for Divorce, who should get the children normally.. and since Father is the natural gaurdian or a minor child, but in this case, since he is staying with another lady, what are the chances of getting children to my sister.

2. What are the objections, if my sister wants to get married after the divorce.

Please help.

Murali



Learning

 1 Replies

Tajobsindia (Senior Partner )     16 August 2013

 

 

Originally posted by : Murali

 

XXX

I would like to know the following:

1. If they both apply for Divorce, who should get the children normally.. and since Father is the natural gaurdian or a minor child, but in this case, since he is staying with another lady, what are the chances of getting children to my sister.
Take: When you say "if both apply" that translates into 'mutual consent divorce' in such situation they have to pre-agree who will physically keep the two children. If you mean 'if she applies for divorce' then she has some real good grounds of 'mental cruelties' under which retaining Civil domain she may get 'divorce' as well as alimony and during the proceedings chances are also good to get 'interim maintenance'. Gather evidence of his 'staying' with another lady first then consult an Advocate and approach Civil Court for divorce and side by side 'empower' your sister to stand on her own feets.

2. What are the objections, if my sister wants to get married after the divorce.
Take: If your sister receives clear 'decree of divorce' in hand then after waiting (appeal period is 90 days) she can re-marry with clear status title.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register