My brother s wife not coming from its home
Kamal Saini
(Querist) 30 January 2017
This query is : Resolved
Hi, pls suggest after many discussion with his family but no response from her. And his not agree for discuss with my bro. So I request to u pls provide me legal advice bcs my bro also government servant.
I request to all expert s pls suggest how can I save my brother
Madhava Rao Gorrepati
(Expert) 31 January 2017
if your brother still loves ask a local lawyer of your choice to issue a notice asking her to join your brother's society. then depending upon her reply you can choose the course of action, whether to go for restitution of conjugal rights or for divorce. be careful that she does not file a case for domestic harassment/violence. such false cases are on the rise these days.
Adv. Yogen Kakade
(Expert) 31 January 2017
File a petition for restitution of conjugal rights.
Rajendra K Goyal
(Expert) 31 January 2017
Any action / notice / case of restitution of conjugal rights would invite and result in reaction / trouble for your brother who is in government service and family of brother. The other party may slap cases of 498A, DV Act on brother and family. If brother is arrested / remains behind bars for 48 hrs. he can be suspended.
Try for amicable settlement first, through relatives / common friends / society effective people.
Full material facts required for any further advice.
P. Venu
(Expert) 31 January 2017
Restitution of conjugal rights is a remedy provided by law. If, in retaliation, the wife files a complaint u/S 498A without any supporting facts, it amounts to an abuse of law. The Law in our country should certainly be equipped to handle such abuses.
Kamal Saini
(Querist) 01 February 2017
Dear all, pls provide me matterial facts, sothat we apply , can we apply section 9
Dr J C Vashista
(Expert) 02 February 2017
What sort of material for filing petition u/s 9 HMA 1955 do you expect from experts on this platform Mr. Kamal?
It has to be other-way-round i.e., the material has to be given by you or your brother to your/his lawyer for drafting and filing petition.
