ranjith kumar (lead engineer) 03 January 2020

Divorce against adultery

Dear All,
This is rupan from Chennai. My brother in law having an affair with his colleague( divorced woman with a boy kid) for last 7 year. They were not stopped even after several quarrel & advice by both side of elders.
He have severely assaulting & abusing my sister whenever she came to intrept/ questioning about their relationship. we came to know that the relationship was happened before my sister's marriage itself.
My sister don't have kid. Also there is no conjugal relationship between my sister & brother in law. at the same time, he is intentionally not giving divorce to my sister. and also not planned for marriage with that woman.
So myself, sister & all family members are now decided to go for divorce. we are looking for a new life for our sister. please any one guide us smart way for further legal proccedings to bring him court for divorce.

Regards,
Rupan.

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5 Replies

TGK REDDI 03 January 2020

Adultery is a ground for divorce. Though adultery is committed by cent per cent people, it's a ground for divorce; wisely so.

Collect evidence that he is committing adultery if he's reluctant to give divorce. If he agrees for mutual consent divorce, it's well and good.

New life for your sister?

If this means a second marriage for your sister, your sister will be out of frying pan into the fire.

Don't dream of any man ( for that matter, woman ) who doesn't commit adultery.

Adv Vinay Mathur + 8447131770 (Advocate) 03 January 2020

Only the s*xual intercourse with a person other than his or her spouse constitutes adultery, mere caresses, or other acts of intimacy with any other person does not amount to adultery. The offence of adultery must be proved beyond reasonable doubt, a single act of adultery is a valid cause for divorce

Free Legal Help India 06 January 2020

Please contact Adv. Arshad Ali Zaidi 9719775005

TGK REDDI 06 January 2020

Intercourse with a married woman by a man other than her husband is adultery.

Intercourse with a married man by a woman other than his wife is not adultery.

Strange law. Strange dictionaries.

It's presumed that woman can't do intercourse!

Zeta Teresa Pereira 15 January 2020

Dear Sir,

Your sister can get a divorce on the grounds of adultery. Since adultery is an act committed in utmost secrecy, it becomes difficult to establish it. In cases of adultery, direct proof may not be possible. Adultery can be proved by circumstantial evidence but it must be such as would lend to the conclusion that adultery was committed. Thus, for adultery preponderance of probability is enough.

Alternatively, you can get a divorce on the grounds of mental cruelty.

Hope this clears your doubt.

Regards,

Zeta