Marriage but no childern

She can file a divorce petition on the ground of cruelty

if he refuse intercourse then it attracts cruelty over her, otherwise not.

his such negative attitude ruining his family.

i feel he  require a psychological treatment..

Yes ... ur brother's wife can file for divorce on the grounds of cruelty .... and if proved ... she may get away with a divorce too ......

Your brother is one of the noblest persons.  Every thing he is saying is logical.  He is more sensitive and more concerned about the unborn child.  He should be appreciated and respected.  Only problem in this entire episode is that he should have discussed this with the girl before marrying her and made her understand for adoption.  Bygone is bygone.  Now, your brother's wife may file divorce petition (can any one stop any one to file a divorce petition, what you need is Rs.25/- and a spouse).  It may be on the ground of cruelty as my other friends are suggesting.  But I am not quite sure she would succeed, if the ground is only cruelty, because right to have child is a fundamental right to a healthy married woman but having a probable mentally disordered child cannot be a fundamental right.  The case is not a simple cakewalk for her.  Your brother has also solid grounds to support his version.

Sorry right now m not able to recall that Mumbai couple's names but who recently approached Hon'ble SC for terminating pregnency due to genetic defects found in yet to be born child and Hon'ble SC refused their plea for abortion.

So a good social concsious divorce Lawyer can turn the table in favour of your brother if plead well, if that Rs. 25/- ever sees the light beyong Registrar's office, Hence I will say fundamental rights are there but matrimony and issues out of a wedlock are proprtionately being equal and is going to be weighed in favour of 'equity' before Law too. I will say chances are 50:50 that also if both sides family court Lawyers are equally persuavive with their pleadings and pops a seperation decree may not be a decree of divorce on cruelty grounds ! .

However options do exists as Ld. friends here advised well; opt for adoption and mold the child as per respective parents dreams.

Rgds

Yes. I do agree with Mr. Arun Kumar. It is a 50:50 case for the parties.

Prabhakar