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trupti (NA)     17 June 2014

Wife having an affair, wants divorce

Dear Sir,

We have few query about divorce and filing case and cheating on. Kindly answer below mentioned questions, as we are finding it difficult to find answers and file a case.

Situation: We all know (family members) about affair of my sister in law with father in law in relation (my aunt's husband,age 45). This affair is going on since 5 yrs and my brother got married to her 8 yrs back. We got the confirmation about it since a year when we recorded calls on on her cell phone. she understood that we all have got the information about an affair and she had argument one day  with my brother that she will go against the family member and launch a complaint that we all are troubling her and will not give divorce without taking property. In the recording he(father in law) is suggesting her to be with my brother and not to take divorce and keep relations with him. she is behaving in an arrogant way with all of us and troubling my brother to earn more and fullfill her economical need. on the other hand he (father in law) deposits minimum 30,000/- in her a/c every month, when we ask her she says it is deposited by her sister, where in her sister is not working.


1) is there any time limit to file 498? as the marriage took place 7 yrs back and they have 4 yrs son.

2) Can we use cell phone record as a proof in the court to prove her affair?

3) Even though she knows that we all got to know about affair but never spoke to her openly, she is behaving so arrogantly with all of us, how to control that?

4) We are scared that she will file 498 against us, so we are not talking openly to our aunt, uncle and her.

Please suggest the best way, we are mentally disturb and she always tells my brother that she will complaint against all if we try to do anything. 

Thanks, waiting for reply.


 4 Replies

Laxmi Kant Joshi (Advocate )     17 June 2014

First you get collecting the evidence against her, file an RTI to the bank and get the detail of that person who is depositing money in her account , if he is depositing money by using her sisters name then speak to her sister and get the detail , simultaneously try to caught them red handed when they were in objectional manner give them liberty don't show your aggertion towards them surely they will done mistake, make The roar and collect the neighbours and prove their illicit relationship, and on that ground you can file divorce case .

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     17 June 2014

Without having correct evidences do not blame on others. It may spoil dignity, popularity of your entire family, and in general society. Our Indian culture has not that of western style of culture. We Indians treat sister in law as a Mother. We are all known RAMAYANA story very much. 

Ranee....... (NA)     17 June 2014

Bank will not give any information about personal account of someone. This is against policy. You will get this only when court would call for. Be sweet to her and collect evidence of the affair secretly.

trupti (NA)     17 June 2014

Thank you for reply.

We believe that our culture is of Ramayana and sister in law is like mother, but when she(sister is law and like mother) is telling my brother that she will keep relations with him and will not give divorce and will show us of we take any step against her, she will take away a property and so on... then what do we need to do, still believe that she is like mother? We know that he (father in law) is giving her money every month and she is lying to us that she getting from her sister, which is not financially sound to give her 30,000/- per month.

In this case what should we do, keep following the culture and kill ourselves mentally by her arrogant behaviour? As you say that we follow Ramayana but Sita never cheated on Rama, she was loving and praying Rama  by heart. And we give example of Sita to any newly married bride, she is the symbol of sacrifice. We understand what you are saying but the question remains still.

And we have evidence both talking to each other and we have 20 calls recorded from her cell phone. That is how we got to know they are having relations. still they meet, telling a lie to us.

Why one will not get upset and seek help?

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