Divorce due to adultry

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.

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

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?

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

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.