Illicit relationship between husband and his sister in Law
2 months ago
Illicit relationship between my sister's husband and his sister in Law. What we should do, kindly guide us.
A.Dear Client,
under Section 13(1)(i) of the Hindu Marriage Act, 1955 and Section 27(1)(a) of the Special Marriage Act have mentioned in a very precise manner, that any marriage may be dissolved by a decree of divorce on the filing of a petition by a married woman on the ground that her husband has after the solemnization of the marriage had voluntary sexual intercourse with any person other than her. Any relief sought by the petitioner in a proceeding of divorce or judicial separation may be opposed by your husband (respondent) on the grounds of adultery committed by him, You may counterclaim for any relief under the Act (HMA or SMA, as applicable) on such ground; and if his adultery is proved, the court may give you relief as deem proper under the Act to which you would have been entitled if you had presented a petition seeking such relief. Unfortunately, extramarital affairs or adultery is no longer a crime and grounds for divorce after the order passed by the Supreme Court in 2018 in the landmark case of Joseph Shine v. Union of India decriminalizing the act of adultery or extramarital affairs. After the repeal of Section 497 IPC, extramarital affairs are no longer considered a criminal offense in India. However, it is important to note that the consequences of such affairs can still have legal ramifications in terms of civil remedies. Reach out to an expert Lawyer handling matrimonial matters for guidance and steps to resolve the crisis in the right way.
under Section 13(1)(i) of the Hindu Marriage Act, 1955 and Section 27(1)(a) of the Special Marriage Act have mentioned in a very precise manner, that any marriage may be dissolved by a decree of divorce on the filing of a petition by a married woman on the ground that her husband has after the solemnization of the marriage had voluntary sexual intercourse with any person other than her. Any relief sought by the petitioner in a proceeding of divorce or judicial separation may be opposed by your husband (respondent) on the grounds of adultery committed by him, You may counterclaim for any relief under the Act (HMA or SMA, as applicable) on such ground; and if his adultery is proved, the court may give you relief as deem proper under the Act to which you would have been entitled if you had presented a petition seeking such relief. Unfortunately, extramarital affairs or adultery is no longer a crime and grounds for divorce after the order passed by the Supreme Court in 2018 in the landmark case of Joseph Shine v. Union of India decriminalizing the act of adultery or extramarital affairs. After the repeal of Section 497 IPC, extramarital affairs are no longer considered a criminal offense in India. However, it is important to note that the consequences of such affairs can still have legal ramifications in terms of civil remedies. Reach out to an expert Lawyer handling matrimonial matters for guidance and steps to resolve the crisis in the right way.
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A.Dear client,
The act committed by your sister's husband and his sister-in-law is adultery, in the past it used to be a crime but now it has been decriminalized and adultery has become a ground for divorce. If your sister wants to file a divorce then adultery will act as a strong and valid ground.
Thank You
The act committed by your sister's husband and his sister-in-law is adultery, in the past it used to be a crime but now it has been decriminalized and adultery has become a ground for divorce. If your sister wants to file a divorce then adultery will act as a strong and valid ground.
Thank You
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