Sir, My brother in Law was married 4 yrs ago. He lives separately from parents. His wife is in illicit relations n is a sex maniac. He has secured audio clips n video footage where she is seen in Compromising position with another man of his society. What lawful procedure should we take now which gives him divorce. N what points should we take care?
Asked in Family Law from Delhi, Delhi
1) BIL should file case of adultery against the sex mainac under section 497 of IPC
2) however no case can be filed against your wife as law regards her as victim
3) your BIL: can file for divorce on grounds of mental cruelty and adultery
4) the video footage of your wife in compromising position would help you in proving adultery
1. As per Section 13 of the Hindu Marriage Act of 1955, voluntary sexual intercourse with any person other than his/her spouse is one of the grounds for divorce.
2. Let your brother in law collect as many evidence as possible about his wife's illicit relationship, including the audio and video recordings to prove his point in Court.
He can now file for divorce on the ground of his wife's adultery on the basis of recordings in his possession. This apart, he can also criminally prosecute his wife's paramours for adultery by filing a criminal complaint in the court.
Your brother in law can lodge a criminal complaint agaisnt the adulterer with the local police station under section 497 IPC.
The evidences in his possession shall be sufficient to prove her adulterous life hence he can file a divorce case on the grounds of adultery by impleading the adulterer as another respondent.
1. Being s*x maniac is neither a crime nor a ground for seeking divorce,
.2. Your BIL shall have to prove with acceptable evidence that his wife has physical relationship out of her wedlock and mere compromising position may be debated and argued severally by her lawyer in her defense,
3. So, ask your BIL to collect undisputable evidence (not necessarily video) of her having physical relationship with other person,
4. Submission of copy of entry register of a Hotel showing that she alongwith her hubby has entered in to and stayed in a hotel room for a night s enough evidence to prove that they have had s*xual relationship since no body stays in a Hotel room leaving his/her home for an thing other that performing s*x.