Divorce

My brother-in-law aged 39 years wish to seek divorce from his wife on the ground of adultery from her. They have a son aged 6 years out of this marriage. His wife had live-in-relations with his nephew (bhanja) for the last 8 months. Doubting this extra-marital affair and frequent quarrels due to it my bother-in-law left his house and is not living with his wife for the last eight months. His wife is now feeling guilty and repenting of her deeds. She now wishes to reunite and live with her husband i.e. my brother-in-law. But he doesn't want to live with her as he has lost trust on her and feels cheated. Kindly advise what steps he should take to file divorce. If his wife is not willing for mutual divorce then how he will file for divorce through Court. How strong is his case if his wife files case for dowry or domestic violence which we fear she might do to retaliate his action of seeking divorce. Who will be granted custody of the child. Does Court grants maintenance or alimony to the wife in case of adultery?