My brother was married on June 2007 and his first night was dreadful, when my sister-in- law (Here after SIL) conveyed that, she was forced to marry, she was not interested in the marriage and some bad remarks about her own family itself. SIL cried for the whole night and slept
Marriage took place in SIL native place, my brother and SIL came back to Chennai on the third day. The very next day my sisters informed that first night incident to SIL‘s aunty (SIL Mother’s Younger sister), who came along with her to Chennai.
Her aunty informed our family that, their first night was fruitful, but my brother informed us that that was not true. Nothing happened in the first night. SIL’s aunty , requested us not to send SIL alone outside, our family members were shocked and ask for the reason and she told like Chennai is new to SIL , that why she made that request. But in reality SIL worked in Chennai sometime before.
My sisters met my SIL and asked her to lead a happy life by having husband-wife relationship, and conveyed this again when my brother and SIL went to my sister’s house for a lunch invitation.
15 days were over and SIL moved back to her house (In Tamil month of aadi, brides are asked to stay at her parent’s house) and the same day my brother informed my family that he faced lot of mental torture on daily basis, daily she made different stories to avoid s*xual relationship and not even allowed him to touch her. He conveyed this information to her parents and her younger brother.
when my brother and sisters had a call with her aunty (SIL mother’s elder sister), in that call also SIL informed that she is not interested for marriage and would like to stay with her friend, she agreed for the marriage because her sisters and brothers are to be married after that. The whole family were shocked.
SIL came back to Chennai after the month of aadi with his elder brother and uncle and mother. SIL family ask her to apologize to my family and to my brother, in that discussion also she told like she was not aware of marriage date and not seen my brother bio-data.
My brother was fed-up and informed all family members that he is not interested to live with her because, always she is telling lies and not interested in marriage life and ask his in-law to bring back her daughter to their house, but my father asked SIL to stay along with my brother in order to maintain his prestige without even considering my brother’s feeling
My brother move out from the house next day saying that he is not interested to stay as it creates more mental tension. He is not even able to concentrate on his work, he put his resignation and mentioned the reason as personal issues and it has been accepted
My SIL stayed in my house, because of this incident, I also moved out from the house and stayed alone. SIL stayed with my parents saying that, she already had s*xual intercourse with my brother, lived as husband-wife and acted like she is interested to live with him.
My brother waited for a year to send a divorce notice
My brother sends out divorce notice on the month of April 2008 to her parents address saying that marriage was not consummated , they were not accepted it and returned it. Second time he send the notice back to my parent’s house in which my SIL stayed. She accepted it and went back to her parent’s house in the month of May 2008.
I came back to my house and stayed with my parents, once SIL left from the house
Instead of sending reply, SIL approached my brother’s lawyer and arrange private counselling. My brother not at all interested to attend the private counselling. Somehow, his lawyers force him to attend that. He attended it for twice and informed all the incidents to them.
The case was numbered in the family court and my brother appeared in the court and asks for the divorce with the reason saying that “marriage was not consummated and mental tension”
Instead of giving reply, in the month of feb2009 she applied for a transfer (to her native place) by filing a case in Chennai high court saying that she can’t travel to Chennai alone and she is having old parent’s, by brother opposed that saying that elder brother had political connection and threatened him for dire consequences if he arrive at SIL native place
In the meantime SIL filed a case in her native place family court saying that my family harassed her by asking dowry but she is interested to live with my brother.
Both lawyers agree to transfer the case to a common place other then Chennai and SIL native place , judge transferred the case to one of the sub-court in the month of July 2009.
In between Sep2009 to June 2010, the hearing happened more than 12 times but SIL got the time every time and filed the counter only this month. They dragged the case in order to complete the marriage for his sister, elder brother, and younger brother. None of my family members were not aware of their marriages and attended
In the month of sep2009, she gave complaint In her native place all woman police station and they send a letter saying that, all my family members need to appear in the police station and settle the issues amicably, my father send a written reply saying that, the case is in the court and interested to settle it through the court.
In the month of Jan 2010, SIL filled dowry harassment petition in her native place social welfare office, we got a notice from social welfare office addressed to my brother’s name. My father accepted the notice saying that my brother was not in the house from Aug20007. My father sends a written a reply saying that, the case is in the court and interested to settle it through the court and he mentioned all the incidents happened after the marriage. My father appeared before the officer and explained all the facts.
Again in the fourth week we got the notice second time, I accepted the notice saying that my brother was not in the house. I conveyed the message to my brother, he send out a reply saying that, he can’t visit SIL native place as his life is in threat and informed the high court ruling that
the case was transferred to a common place and he informed them that, he is in different address since aug2007 and all the communication should be sent it to that address instead of his permanent address
In the month of April 2010 SIL filled Domestic violence petition in her native place social welfare office, we got a notice from social welfare office addressed to all my family members name, at that time I was away and my father accepted notice pertain to him and my mother and return the remaining stuff saying that they were not part of this address. Father appears before the welfare officer and informed her that SIL complaint was false.
My brother is not in job since oct2007 and continuous mental tension due to the above incidents. His leg is also having some medical issue which needs to be given immediate medical attention. Doctors ask him to take long rest and avoid any travel. Sometime he is not even having money to pay the rent, medical expense and food.
As I mentioned earlier, SIL filed counter (case filed in the family court Chennai) June2010 and my brother also filled counter (case filed in the family court –SIL native place), SIL Filed a petition to ask money to appear for the case in the sub-court saying that her elderly parents not in job and she needs money to live and travel.
I need help for the following queries .
1. What are the clauses to get divorce for the “Marriage not consummated” reason? How soon we can complete. Any high court, Supreme Court judgement
2. Can we file case in high court to send a direction to sub-court to speed up the case? With a reason , not in job and health condition
3. Can I file a defamation case against SIL as my name was dragged in, I have proof that I stayed outside the house when she was stayed along with my parents
4. Is it contempt of court applied SIL ,when She file police case, complaints in Social welfare office for dowry and domestic violence when the case is pending in the court?
5. Does Police station and Social welfare office has rights to file a case or accept the complaint and ask the family members to appear when the matter is pending in the court.
6. Does SIL file case under section 24 to request money for maintenance and expenses for attending the case
7. Any other suggestion to complete the case asap.
