Son in law living with another girl. Can daughter file for divorce?

My daughter was married 20 years ago and has a son who is 15 years. My son in law has started living in with another unmarried girl since 3 months and has been caught red handed. We even have some pictures of him with the other girl.


What can we do now? We have already filed a maintenance case 2 months ago. Should be file for a Divorce now?




Expert Legal Advice:


Yes.  If your daughter wants to get Divorced, she can file Divorce petition on the ground of adultery. If she does not want to get Divorce at this stage, she has got other options, which are monetary as well as non-monetary. 


If she wants to have restitution of marital relationship, she can file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. On the other hand, as having extra-marital relationship comes under the ambit of 'Adultery', it can be used ad a valid ground for seeking Divorce. 


She may also choose to seek the relief(s) entitled under the Hindu Marriage Act, i.e., Residential rights, injunction against the immovable property of her husband from dispossession and also compensation. It may also be noted that even her son has got the right to get maintenance as he is still a minor. 


She can file Domestic Violence case along with Divorce / Restitution of conjugal rights case. If she is of an opinion that cohabitation can be possible with a little bit effort of mediation, then all the above said cases start with mediation and filing of the any of the above cases opens the door for mediation.


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