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Whether to have divorce or not
12-Aug-2025 (In Divorce Law)
My brother wife having extra marital affair and after thing short out again she by mistaken told to leave him as she will get a good job . Now what should my brother do
You can file for contested divorce taking the grounds of mental cruelty and cheating. To safeguard you from giving maintenance, onus of proof lies on you in the court. For further assistance, feel free to reach me.
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Adv. Nitanshu Sharma
Adv. Nitanshu Sharma
Noida | 50+ Answers
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If your brother’s wife is involved in an extra-marital affair, he should collect solid evidence like messages, photos, or witness statements. He can file for divorce under Section 13(1)(i) of the Hindu Marriage Act on grounds of adultery and mental cruelty. If she is threatening or making false allegations, anticipatory legal protection should be sought. A detailed consultation with a matrimonial lawyer will help decide whether to proceed with legal notice, divorce petition, or mediation based on her conduct.
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Adv. Lalit Kumar
Adv. Lalit Kumar
Greater Noida | 50+ Answers
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Clarify the facts
If the affair is confirmed, it’s already a serious breach of trust.
If she says her comment (“leave him as she will get a good job”) was a mistake, your brother should calmly ask her to explain what she meant.
Ask whether she truly wants to continue the marriage.
If yes, she must acknowledge the hurt caused and take steps to rebuild trust (possibly with counselling).
If no, better to part ways respectfully rather than dragging the conflict.
In India, extra-marital affair is not a criminal offence after (2018), but it is a strong ground for divorce.
If they have children, custody and maintenance will also be legal considerations.
If you want, I can give you a step-by-step legal and practical action plan your brother can follow over the next 1–2 months so he stays protected whether he reconciles or divorces.
Do you want me to prepare that?
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Adv. Namrata Pandey
Adv. Namrata Pandey
Lucknow | 50+ Answers
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Step-by-step legal advice:
1. Collect and preserve evidence of the extra-marital affair and her statements about leaving.
2. If she has left the house, send a legal notice through a lawyer either for RCR or seeking clarification.
3. Decide: Reconciliation or Divorce?
• If reconciliation fails or not desired → proceed with divorce case under Section 13 of HMA.
4. Keep a lawyer ready in case she files DV/498A or maintenance cases.
5. If children are involved → seek custody/visitation orders under Guardians and Wards Act.
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Adv. Aishwarya Panday
Adv. Aishwarya Panday
Lucknow | 100+ Answers
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How can she bu mistake ask to leave, either she with full intention has said or have not said it. Coming to the issue you should keep the proof of that lady in relation with other man and should file for divorce, if do not want to continue the marriage
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Adv. Priya Singh
Adv. Priya Singh
Lucknow | 25+ Answers
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Depend on your brother
If his wife wants to settle with ur brother then its good
If she has guilty for her behaviour and extra marital affairs then forgive her and start ur future relationship with her
If there is no any chance to change her behaviour and mind then file a divorce case in competent family court with proof
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Adv. Reva Nandan Dwivedi
Adv. Reva Nandan Dwivedi
Allahabad | 50+ Answers
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