Need legal advice pls- thanks in advance
Guest
(Querist) 10 May 2014
This query is : Resolved
My brother got married 4 months back. Gril's mother, often threatens my brother saying she will take back her daughter to her house and uses filthy language for small issues. Girl doesnt want to live with my mom (our mom is widowed and sick, cant live alone. I am married and living out of country).
A month back, girl left his house with her mother, taking all her things. My brother was also upset and didnt stop her. Her mom called and asked why the marriage was not consummated and my brother replied that wife didn't stay continuously even for 1 month in the house and there were issues in-between because of her and her mom. Another issue they raised is her daughter will not stay with my mom and they want divorce.
Now received legal notice stating that
1. my brother left her at her house saying he will pick her up after 2 days. (which is a lie)
2. marriage is not consummated and he has to resume his duty as husband immediately. (they didnt talk to family members but said they want only divorce. their agenda is to threaten my brother for a separate family without my mom)
My question is
Should we reply to legal notice
1. denying 1st and for second saying that girl can come any time to her matrimonial home, but my mom will also stay with her son. Also her mom should not interfere or control/influence her daughter (which my brother says is a mental torture to him and thats his actual problem).
2. If they dont accept for this, can we ask whether they agree for mcd because my brother says it cannot go on like this. Again, for small issues, he fears girl might leave listening to her mom.
The lawyer he consulted advised that If he doesnt want to stay together, its better to file for divorce first from his side because girl now stays in different state and if she files there, we have go for hearing to other state. Also lawyer suggests that filing divorce will help against any criminal case if they file in future.
Please help. We thought it would be better to ask them for mutual divorce if they dont agree to his terms.
Devajyoti Barman
(Expert) 10 May 2014
1. Yes
2.MCD is not possible now since marriage is not 1 years old till now.
Another option is nullity on non-consummation of ground which can be admitted by other party.
For divorce you have to wait till 8 month and then again for another 6 months.
Sankaranarayanan
(Expert) 10 May 2014
In life both of them should live with adjustable manner. We don't know the real issue. But once got notice you have to answer it. Think twice for divorce. Find the posibility to re union otherwise apply for divorce
ajay sethi
(Expert) 10 May 2014
always reply to legal notice . deny all the allegations .
reason for non consummation was wife refusal to have sex .
MCD cannot be filed now. no petition for divorce can be filed within period of 1 year of marriage except under exceptional circumstances .
V R SHROFF
(Expert) 10 May 2014
Reply Legal notice.
Hindu??
if Christian, can get divorce now, thru District Court.
Thyagarajan
(Expert) 10 May 2014
Now that the relationship between brother and his wife as well as other members in the family had got stained, it requires great reconciliation on part of everyone to forget what happened and find a solution acceptable to all.
of course the legal route suggested by expert by Expert Mr. Ajay Sethi answers your query if reconciliation is out of question.
Guest
(Querist) 10 May 2014
Thanks all for your reply.
Can you please advice on the following:
1. Is it advantageous to apply for void/annulment of marriage first from my brother's side instead of judicial separation (as suggested by our lawyer) because as the girl's side has been threatening the same for the last one month?
(Girls side doesnt want to talk to our family as their main aim to separate my brother. They are strong in saying that girl cannot stay in the house with our mom but my brother has to resume his husband duties and they are using the non-consummation as the reason for threat)
Thanks.
Rajendra K Goyal
(Expert) 10 May 2014
Reply the notice received by denying all the charges. Try for amicable settlement and if not possible move as advised by the expert ajay sethi ji.
Devajyoti Barman
(Expert) 10 May 2014
you can go for whatever as long as it is amicable.
If not then better to go for nullity.
Vijyant Nigam (09807349001)
(Expert) 11 May 2014
Reply to legal notice and also file petition for restitution of conjugal rights if you r Hindu for saving urelf from further legal steps against you. court has power to direct ur wife to stay with u n ur mother n to resume her duty as a wife n a daughter in law,
Ur mother also may file a petition against u n ur wife for maintaining her.
