Legal Question in Family Law in India

This is for my brother,he has been married for 14 years & now going through a difficult marriage phase since last 3 years,his wife is having extra marital affair & for hours used to spend on phone as its pre paid numbers no proof of call details(known for last 2 years),she was once caught with other guy in restaraunt for which proof is there.She also do not behave properly with my widow mother & sometimes become violent too....my brother has filed a divorce case last year but before the first hearing he took the case back getting emotional for their son 13 years old & thought of giving one more chance to his wife.Now though they reside in same house which is in the name of my mother but she do not want have any relation with him & her behaviour is very rude towards the family,she also runs the boutique in the house premises.Situation is such that after all efforts my brother is going into depression & frustation..her rude & violent behaviour is also increasing day by day,she literall mentally torture my brother...he finally decided not to live with her but she says that she do not have any problem if any one has should leave the house & in no circumstances ready to leave the house.She earns but do not contribute to any house requirements & infact she wants my brother to pay her shop electricity bill as meter is in hi name....What to do in this kind of situation...they do not share the same room as well for the past 2 years...

Asked on 5/05/11, 5:34 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.

0 users found helpful

0 attorneys agreed

Emotions may not be able to govern such situations. Your brother has tried once. But if she is adament and no interest left in your brother, then, why and what is your brother waiting for. He should file his divorce case on the grounds of cruelty. Her behaviour is cruelty. Not sleeping with your brother is also cruelty. Cruelty is a good ground for divorce. Having relation with another man is cruelty. In divorce, do not claim adultery as a ground as that would require the man to be a party also.

Mother should Give her notice to terminate the licence to run the shop, ask her to vacate and till then she should pay damages to your mother. this case has to be by mother. She will have to pay the damages until she vacates. this way, she will have to leave the shop.

Since the son is grown up, give him the freedom for custody.

Answered on 5/05/11, 6:06 am

Mark as helpful