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Nitin (marketting manager)     02 July 2015

My brothers son is not his son,what should i do

Hello Experts,

  We recently came across a case where a client of mine came to our office and reported that His brothers son is not his Brothers son,meaning Biological father is not his brother but some one else. and he can prove it with DNA evidence,

so to take this further, his brother is ready to give divorce,but the other person whome we believe is the Biological father lives out of india, and i guess he is married and has a life of his own ,so we donot want to disturb,not sure what that female would want to do.

simply my clients brother wants to give Divorce and move on 

can he get a divorce on these adultery grounds? or he has to pay maintanence?




 8 Replies

Nitin (marketting manager)     02 July 2015

They are married for 18years now, and the kid is around 13 years.


Mango (Consultant)     02 July 2015

My question to you when they are happily married for 18+ years then why you want to distrub a 13 year old guy's life to satisfy the ego of two 40+ years old guys? If I were at your place, I would not have bothered about the fact that who is the biological father of this kid.


Afterall, if you brother is going to remarry after divorce then also he is going to adopt 2-3 kids of some other men, why not take care of a kid who is there at home?




For 13 years that 40 year old was living a lie.  And the woman is responsible for it.  Such characterless woman not only should be booted and kicked out, but also should be divorced legally.

If this woman was a saint, she would have told this man that she had slept around before marrying this 40 year old, taken him into confidence or got married to that guy who fcuked her and got her pregnant.


Simply because of her the 13 year old boy will suffer his entire life. 


Either she should have maintained a lie till her last breath or she should not have gotten drunk and vomited the fact that she slept arond with someone else before marrying this 40 year old.


Now the 40 year old should divorce this wore and lead peaceful life or he should somehow digest the fact that his so called  wife slept around before marriage and lead a life of lies for the remaining part of his life.


My suggestion is to that this man should go for divorce and teach a lesson that wore and find ways not to pay alimony to her or the illegal child.


While the child can claim alimony, the 40 years old need not pay any alimony to the 13 year old or to his wore mother, and court also wont allow any alimony to such characterless woman is my opinion.

Adv k . mahesh (advocate)     02 July 2015

Adv k . mahesh (advocate)     02 July 2015

His brothers son is not his Brothers son,meaning Biological father is not his brother but some one else. and he can prove it with DNA evidence,

Mr Nitin

what made you and your client interest in the query i dont understand because the aggreived person is accepted the 13 years old child and living happily and what made you suffer i dont understand

you are neither a party or related to that person nor the so called client is also not effected

and your client brother brother is effected and his wife has not revealed the fact to him till date and he came to know about the fact recently means he can accept the kid or he can sue her for divorce

Nitin (marketting manager)     02 July 2015

This issue came again because more recently that lady is causing trouble in the house 

and not taking proper care of husband and she is still thinking she is a teenager and going around 

so her husband is starting to think "Is it really worth his patience" she is around 30 years now and still behaves as if she is collage unmarried girl,so i guess her husband ran out of patience and thinking seriosly .


Biswanath Roy (Advocate)     03 July 2015

He has to pay maintenence as per law.

T. Kalaiselvan, Advocate (Advocate)     05 July 2015

Legally he can seek divorce on the grounds of adultery on the basis of the issue at hand.  He can plead that he  is not the biological father of the son and ready to  prove  the same if permitted for DNA test.

If  he is really serious about breaking his  married  life he can very well go ahead with the legal action as proposed. 

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