Divorce file by Men
twinklemeena
(Querist) 14 October 2016
This query is : Resolved
My brother and his wife have been going through a bad phase of relationship for last 2 years because of some personal issues. They got married in 2013. Now hus wife and in laws have been troubling my family asking for assuring her future by writing some property in her name and has threatening us that they will file dowry and other cases against my brother and us. Now 2 days back my father was invited for a function and was harassed by her family. Her sister held his collar and slapped him and my uncle. Now my borther after being pissed with all this happening very often, is filing a divorce appeal. Is it safe for my brother to do so?
Guest
(Expert) 14 October 2016
Your Father and Uncle should have filed a Police Complaint and should have taken FIR.You could Do it Now also.If your brother is having Children a good counselling to both of them to Unite would be the Best Option.If there is No Chance of Reunion the Divorce would be the Last Option.In Divorce Petition it self you could state the Threatening of False Complaints of Harassment etc.If Possible apply for anticipatory bail for your brother and it would be Dismissed on the grounds that No Complaint pending which would be helpful for him in the future.Do Not have any Verbal quarrels with them over Phone/Mobile Etc which would Create a Record for them.Better Consult and Appoint a Local Good Senior Advocate.Ensure that No Property is on your brother's name until the dispute is Over.
twinklemeena
(Querist) 14 October 2016
My father and uncle somehow manages to escape from that situation around 1 am so they couldn't file an FIR at that moment. We have been in touch with an advocate hired by my brother for filing divorce and further cases. We already deprived my brother from all the property. Are there any chances that they would send us all behind the bars?? As my brother's wife had gathered several evidences by clicking pictures of the burnt marks which she got while cooking but that happened in The absence of my brother as he left out house for a period of approx 1 year after he had fight with his wife and also she used to send it all to her parents.
twinklemeena
(Querist) 14 October 2016
My father has now written the incident on paper and have asked my brother to attach it with divorce file as he cannot risk his govt job while getting involved in a legal matter. As My brother's wife and her family have been threatening my dad that they will snatch his job and will bring us all on road.
twinklemeena
(Querist) 14 October 2016
My brother and his wife doesn't have any children yet. But her family has been forcing them to have one. Can she ask something out of my father's property??
Guest
(Expert) 14 October 2016
AS already said let your brother apply for Anticipatory Bail and it would be Dismissed on the grounds No Complaint Pending with Police It would be helpful for him in future.Your Father and Uncle could file the complaint Now also if the Incident is genuine with Valid reasons for the Delay.But it would provoke them to file a Complaint against your Brother.You have not mentioned any thing about Children.If your brother is genuinely at fault what would be your reaction if your husband behaves in the same way Like Beating etc.
twinklemeena
(Querist) 14 October 2016
And one more thing our advocate has said that we are included in schedules tribes so there is a provision for us to first have the divore approved from "Meena samaj panchayat", after that we are supposed to file a divorce in court . What is that?
twinklemeena
(Querist) 14 October 2016
If my brother would have been in fault he would never file a divorce at first. And i wouldn't have been wasting my time here searching advices from legal advisors.
Guest
(Expert) 14 October 2016
A Legal Divorce could be obtained only in Court.
twinklemeena
(Querist) 14 October 2016
I would have been in support of my brother's wife for last 2 years but now when she is asking for property and harassed my father and uncle, i started feeling that this relation is not working. She has been collecting evidences so that she could put a case on us for false allegations
Guest
(Expert) 14 October 2016
I am Sorry to Note your statement" i wouldn't have been wasting my Time Here"and I regret for replying you and i withdraw my self from this query
twinklemeena
(Querist) 14 October 2016
It's definitely ok if ou don't want to reply but i am not here for my brother to be judged by anyone. I am here to search for some good advices and precautions so that my brother is not made a victim like most of the mainstream men does in this country. Pity on this law!
twinklemeena
(Querist) 14 October 2016
I thought this is a place where i would get some advanced suggestions and precaution measures for my brother unlike in a court pf law.
Advocate M.Bhadra
(Expert) 14 October 2016
Ask your father don't lodge any criminal complaint against a woman,she can counter by false allegation. Without separation of one year your brother can not file a divorce suit and a suit may be countered by filing a maintenance application by brother's wife. So you should better to follow the situation and let them to file a case.
Guest
(Expert) 14 October 2016
Dear Advocate M.Bhadra, could you please Confirm whether the Divorce suit could be filed one year of completion of marriage or one year of separation Please
twinklemeena
(Querist) 14 October 2016
one year of completion of what?? Its been more than 3 years of their marriage.
Rajendra K Goyal
(Expert) 15 October 2016
Your brother may or may not file divorce case, it seems other side would lodge cases if their demand not fulfilled.
If they lodge complaint, go for anticipatory bail for all, whose name is included in FIR. If a government employee remain behind the Bar for more than 48 hours, he can be suspended.
Not aware of confirmation of divorce from Meena Samaj, please confirm locally.
You should ask the Meena Samaj to intervene and try for amicable solution.
They can threat of any thing, can harass you, law would take its recourse. If you are firm, they may not harm you much.
Rajendra K Goyal
(Expert) 15 October 2016
Happening with your father and uncle is not appreciable event, have any body photographed the event in marriage, you may proceed to lodge direct complaint to Magistrate if police hesitate to register FIR. Discuss with your lawyer.
However amicable solution and Mutual Consent Divorce would be best avenue as relation seem to non reparable.
Rajendra K Goyal
(Expert) 15 October 2016
Happening with your father and uncle is not appreciable event, have any body photographed the event in marriage, you may proceed to lodge direct complaint to Magistrate if police hesitate to register FIR. Discuss with your lawyer.
However amicable solution and Mutual Consent Divorce would be best avenue as relation seem to non reparable.
R.K Nanda
(Expert) 15 October 2016
Nothing to add more.
twinklemeena
(Querist) 15 October 2016
Sir RK Nanda ji, they snatched both of my father's and uncle's phone during the mishappening as they threatened them the same time that you guys could record this so give us your phones and then talk
