Illegal affair - a rare case

1.  Petition can be filed in the court on the adultery.

2.  Yes.  It will stand.

3.  Divorce petition can be filed in the court.

4.  Court will decide.

At the outset what is the custom of the village regarding such issues?Even though she is publicly staying with another person despite being married,why should the husband suffer.Her parents and the village too backing and supporting the husband is a good sign.Adultery has to be proved with valid evidences.Is the other man already married?If so filing bigamy is easier than filing adultery.Its a foregone conclusion that she will not mend her ways.

Then its better for both of them to go for MCD,which will be easier.Husband can have the custody of the children,I don't think she will claim custody of children.

Better consult a good family lawyer in UR place and take his services.

Wait for the other legal experts too to respond with their suggestions.

I add some more information to this case.

The person who made illegal contact with her is also married. When police involved, they called both parties for counselling. Children & her mother explained her wrong doing in front of police, then police warned her and send her back to  parants. After two/ three days staying with parents, she left their house also, saying they are beating. Now she is living alone and following up the case with higher authorities to take action against him.

In meantime her father agreed to transfer his property in the name of his grand children as their security.

can my friend be arrested in all favourable conditions too on her complaint?

Both are not in a position to stay together. who has to file the divorce petition first? and on what ground?

Its a good gesture by the grandfather in transferring the properties to his grandchildren.Now even after so much of deliberations,mediations and counselling by the police,she has not changed.Convince her to go for MCD.Thats the best possible way for both of them,as an agreement will be written in the MCD application and will be disposed off within one year.Since how many years is she staying away from him.Filing of divorce by either party may lead to lot of complications,which cannot be predicted now. 

What a pathetic life.  For women like this, the court is above, not here.  There it be decided properly.  By any chance are they muslims or christians?

He can file divorce on the ground of adultery.  During the pendency of the divorce or after divorce decree or as long as she will live separately, she is entitled to get maintenance from him.  You, yourself admitted it is  difficult to prove adultery and she is also living alone.  Further, the villagers forced her to give her property to her children.  Such kind of force is illegal.  She can file appropriate case to get back her property.  If the property titles are with the grand parents, and the property is not ancestral, then they can give the property to the children.  If it is ancestral property, whether she has indulged in adultery or not, she is entitled to her property rights.

It's just one month old case.

She has got her property from her father 13yrs back. now she has transferred the same to her mother.

If she wants, she can file a case that transfer has happened by force.

In all the probabilities, the husband can file a case for dissolving his marriage with her by a decree of divorce on the grounds of desertion, adultery and mental cruelty. No doubt he is bound to pay her maintenance during the period in which the divorce case is going on but if he can establish that she voluntarily withdrew the company of her  spouse for the sake of her adulterous life, then she may not be eligible for maintenance amount. 

As far as her properties are concerned, she can file a declaration suit to declare the transfer of property from her to her mother's name as null and void as it was obtained by force and coercion.