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Kalyan   10 February 2016

Divorce on base of extra marital affair

Dear Sir/Madam,

My Brother married to a woman almost 12years back and they have 2 kids of 10 and 6 years aged. in the last month he identified that his wife is in extra marital relation with some one since 2 years who is a central government employee. my brother have disturbed mentally and dont wanted to continue any relation with his wife anymore. but no proof is with him to put up in court. finally he planned to record their meeting using a spy pen camera after immediate next moment catching them redhandedly and filing a police case proceedence. will it be suggestable to goahead in this way and put up the recorded video of discussions and captures as witnesses. my brother now dont wanted to childrens be handover to or partial governance of his wife anymore now on. So kindly suggest me how they can be divorced without any compensation pay to his wife. Thanks in advance



 1 Replies

saravanan s (legal advisor)     10 February 2016

you can file a contested divorce case on grounds of adultery but without knowing what sort of evidence you have in hand its not possible to say whether you can get the judgement in your favour.if proved that your wife had committed adultery you can deny maintenance to her and also can claim custody of the children as they are more than five years old 


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