Need help on my brothers divorce case

He certainly cannot be jailed.

If she wants she can get divorce, maintenance under various Acts and shared household in husband's residence.  If he complies meticulously with the maintenance order / shared house order to be passed by the court, he cannot be prosecuted by her.  If his extra marital affair is with some one's wife, then he can be prosecuted by the husband of that wife for adultery. 

CAN she charge him of adultery under DV act? if yes wat punishment / fine can be put on him?

She does not have locus standi to file a complaint against him under IPC for the charge of "Adultery".  She cannot prosecute him under Domestic violence Act for adultery.

Hi Prabhakar,

Thankyou for your valuable suggestions. She has put on us 498A, DV act and maintainance case. She has not filled for divorce as yet. Which I am sure she will in the future.

Is there a possibility that she levy any more cases on us other than these?

If my brother is found guilty of adultery ofcorse it will form basis for divorce. What kind of orders can the court pass against him?

What worse can happen, in the sense, punishment, compensation etc .

He does not have a share in our property, me and my brother both pay rent to our father and it is owned by father

She can file one more criminal case, i.e., under Dowry prohibition Act.  As you said so, she may file divorce.  In addition to this she has got the option to file maintenance cases under Section 125, DV Act (she might have already filed), Hindu Marriage and Adoption Act and under Hindu Marriage Act.  If she files several maintenance cases,  maintenance amount will be always adjusted in the latter order taking into consideration of  the amount awarded in previous order.

If she proves or he admits of adultery, she will get divorce decree.  No more harm than that would be occured.  He would certainly not be jailed, if she is the complainant.

Sir

I have just a few more questions on the same..

1) The acts of adultery were comitted one month after my brothers wife had left the matrimonial home and started living with her parents. She had hired a Private detective to make her case strong. Will these be counted by the court and can these be used ?

2) If my brother is found guilty of adultery, will this have a impact on the maintainance amount and the final settlement amount ?

3) both the parties are not interested in staying together and part ways. We are ready to mutually settle the case but she is insisting on fighting a court battle. What benefit can she draw from a court battle now that she has this proof with her ?

The court treats his actions as "cruel acts" and "adultery".  If she files the divorce case and prove his adulterous acts in the manner prescribed by law, then she will get divorce.

Maintenance amount does not depend upon his adulterous act.  It depends upon his earnings, his expenditure, his responsibilities and his living style and her income, expenditure and living style.  The court considers all these things and fix the maintenance amount between 1/3rd to 1/2 of his income, if she is not earning on her own.

She has been insulted.  She wants to take revenge.  Hence, she is fighting.  You also may agree that in our society a divorcee boy and a divorcee girl are not treated equally and the girl is always blamed for divorce and alway people fear to marry a divorcee girl, even though there is no mistake on her part in her earlier matrimonial life.  To face difficult situations in future, she wants proper compensation and it can be given to her only through protracted legal battle, wherein it would be proved that divorce is  granted only due to adultery of her husband and no fault of her .  If she accepts for mutual consent divorce, you may not properly compensate her.  Hence, this legal battle.

Sir

One last question. The girls family had invested 25 lacs in the marriage and we are ready to return that amount. Though because she has proof against my brother she is now demanding 1.5crores. If she wins the case can the court direct us to pay 1.5cr including damages or will it settle on actuals.

Also is there any law under which she can book my brother for adultery.

Thanks

Charan

Charan

Don't worry and just chill and read below points.

1) Did you see the evidence of adultery as reported by her your self? If not then she might be bluffing or might be having some proof like your brother has stayed with some one in a hotel but she might not have proof like your brother has done intercourse and If I am not wrong then Adultery requires a willful act of intercourse. So first find out what proof she is having...otherwise it would just be considered extra marital relationship at the most.

2) Even if she has proof suggesting that your brother has done intercourse/or had relations, she won't be able to convict him under 498a or DV and can't imprison him...but she would be able to justify her stand of staying away from your brother in CRPC 125 and other maintenance cases and your brother would have to pay maintenance to her based on his income and expenses. Moreover she would be able to get divorce on this ground.

3) If they have proof of 25 lacs given to you then only return those money otherwise pressurize them to settle the matter or say you won’t give this money back until court orders and deny court of any such transaction. IN ANY CASE DON’T confess in court about such transaction unless you know that they have proof. NO QUESTION OF GIVING 1.5 CRORES…SIMPLY SAY THAT YOU WOULD GIVE AS PER COURT’S ORDER.

4) Be in touch of this forum and you would know many things (related to your case as well as otherwise).

5) Finally there is no law who can book any one for adultery (UNLESS THE GIRL WITH WHOM YOUR BROTHER WERE CAUGHT IS MARRIED AND HER HUSBAND COMPLAINTS).