Mahesh (programmer) 27 April 2011

Divorce due to adultry

Hi,

My brother and my sis-in-law living together for past 10 or so years (on and off). My brother went aboard on job and during that time my sis-in-law got into illegal relationships with more than one person and she had accepted it verbally to my parents. Now, my mother passed away and she is asking for divorce. They have 1 son (9 years old) and asking for settlment for her son. My brother doesnt have any money (saving) or any asset. He is currently working as acting driver and working based on his daily wages.

Although my brother doesnt have any money, he is one of the legal heir for the property that my mother owned. The property have 4 other people named in the legal heir. If my sis-in-law asks for settlement, does it impact the property? If so, how to avoid that? We dont have any concrete proof of her illegal relationship except few folks in the neighbourhood can testify for us.

Any advise on how to kick her off without paying any alimony/settlement? Also, we want to take the kid's custody for the kid's furture.

They both had several misunderstanding due to my brother's standard of living - not having concert stable job and his drinking habits. Recently he has been in rehab for his drinking habit and he is doing good. Now that she wanted to get away from him and my mother passed away, she is poking him with intense conversation and making him to drink because of his emotional feelings. Any idea on how to handle this scenario?

Thanks

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5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 27 April 2011

In the given facts, both parties want to take divorce so bring both parties at one table and negotiate and then file petition seeking mutual divorce. The decision about custody of minor son can also be decided therein.

abhishek (student) 27 April 2011

Mr mahesh,

firstly file for divorce under the ground of adultry and as in your case its is constructive deleiver(from factual circumstances),court will accept your plea in this ground ,so go and file a suit for divirce asap........regarding the childs custody,normally the precedent of court show that custody of child is given to mother but if u want custody of the child ,then you have to prove before the hon' court that the mother is no capable to maintaining the child or she would not be able to take care of child,den it that case court will give u the custody of child...regarding the property devolution,your brother will get a share of property as per hindu sucessionact but if ur brother wishes,he can only give his shre or part of his share to his wife but the wife cannot claim ahre in the property as a seprate entity.

regards

abhishek

Mahesh (programmer) 27 April 2011

Thank you very much for the responses - raj & abhishek.

The problem with adultry is that we dont have any hard proof other than verbal communication. She had accepted her mistakes to my parents and my brother - but we dont have any hard copy proof and she can very well say that those things are fake. How do we prove it? I discussed with one of my known person and they said the court need hard proof for adultry case. Any suggestion?

Darshan Sharma (Lawyer-cum-detective) 28 April 2011

Your brother has been abraoad and your sister-in-law conceived in his absence. Since adultery is a crime, lodge a complaint to police to register a FIR against her. On complaint or FIR she will have to undergo medical examination regarding period of pregnancyand adultery established will be the ground for divorce.

As your brother is poor, he may compromise for termination of pregnancy on grounds of forced intercourse.That would be a better alternative fir future of the couple'sson

Shilpa (Advocate) 28 April 2011

Don't make allegations of adultry without proof. If you can't prove the allegations your Sis-in-law can take criminal action for defamation against your brother. So the best alternative is to take the help of any elder person from her family or involve any advocate and compromise the matter for the future of kid. and go for mutual consent divorce.