Urgent advice required for divorce case in hyderabad
All is well
(Querist) 11 March 2014
This query is : Resolved
It's been 3 years my brother got married. My father was ex paramilitary personnel and after retirement settled in Hyderabad. Girl's family resides in West Bengal near Assansol.It's an arrange marriage and we have not taken even a single rupee from them, Since my family is against dowry. My brother had to seperate bcoz of his wife who is arrogant, brainless and stubborn within 7 months of marriage. My family is simple and broadminded, but the issue occured when her family intefered in all the matters between husband and wife specially his mother in law. We all know there family is into black magic and stuff like that but this is something we cannot prove or would like to discuss these stuff in the court. It was told by her father that she completed her Airhostess training from Frankfin but unfortunetly we found her that she can't even form a sentence in english inspite of certified airshostess. We admitied her in one of the reputed spoken english and I myself took 2 months work from home option to train her but she never took interest. We had given lot of encouragement but a pathethic response from sister in law and her parents. Intially, we had given lot of love and affection ,but the kind of response we got from her was never expected. Her father and mother have too much proud that they are Zamindars and threaten my elder brother many times, due to which he couldn't tell anyone about this and was going through mental trauma. Infact,when i called her father to discuss on this even he indirectly threthen me. Now last year my brother bless with a baby girl, but her behaviour towards her husband is still not change. She tried slapping many times, abused and called his manager. My brother works in one of the MNC Bank. Now my brother and my family is not able to tolerate her. Their family used to visit my brother's house without even informing my parents since they were staying seperate close to 4km in Hyderabad.We tried speaking to their family ,but the response was zero, since even their family is mentaly retarted. My brother was doing the entire household work, since she had slip disc but recently went to chennai to cure this.We tried lot of things to maitain this relationship inspite of her ruthless behaviour, Infact my father and relative tried bringing her back but her behaviour towards them was unacceptable.Now from past 4 months she is staying at her own house. She is in delhi with 1year kid and for some training. My mother and brother went to delhi to help her since she was unable to handle the baby, but again she started talking nusance and start inviting third party in all the discussion,due to which my brother and mother had to leave same day at night. She threathen my brother stating that you can only file case for your baby after 18yrs and he cannot do anything. Who should file a divorce case and what are the charges a normal family can apply against cruel family. I have list ofquestions below:
1. Since we were concern about the future of the baby, Is it possible to get back the baby from her as per Indian Law? We can provide better education compare to her.
2. What are the charges can we expect from them apart from 498a, since they would like to take out their personal grudge?
3. What preventive measures should we take to save my family before they file a case against us like 498a and other cases, since all the cases are in favor of women?
4.Another draconian law got passed, "ex wife will get 50% of the inherited properties in addition to 50% of the property of husband". This will encourage women to file 498a case at drop of hat. So, how one can save his hard income being from middle class family.
5. If 498a is imminent - to save my parent, brother, mother, etc from 498a, can I ask my parent to legally disown my brother, my parent probabaly need to contact a lawyer to file affidavit in court?
5. Is it good to have physiatrist certificate that my brother was going through mental trauma? Since, once he thought for commiting suicide but after convencing. Intially, I advice my brother to do so ,but he refuse thinking that realtionship will get smoother ,but it'sgetting worsen day by day. We have recorded two calls where they are speaking to my elder brother rudely but i am not so sure if this is a strong evidance.
6.What evidence do we need to provide to justifiy we are innocent?
7. I also need good lawyer in Hyderabad and I have heard about somebody called Krishna Reddy but doesn't know how much does he charge for a middle class family.
8. Last not but least what kind of pressure or threat can we expect from police? How to deal with them without giving bribe?
Dr J C Vashista
(Expert) 11 March 2014
Be specific and precise. Engage a local lawyer
Devajyoti Barman
(Expert) 11 March 2014
1. Though you can file custody suit but outcome is doubtful. Only right of visitation would be given now. Giving better education is no ground for claiming custody.
2. Case under PWDV Act is a bright possibility.
3. File a matrimonial suit either for restitution of conjugal rights or for divorce before she files any case.
4. Hypothetical query. Law is not passed as yet. It would touch everyone, not you alone.
5. Disowning is a total wastage as it has no impact on the fall out of the case.It has no consequential value.
5.Audio recording will help in long run only and that too during trial. Not now. You can obtain medical certificate.
6.Nothing. Onus is upon her to prove that you are guilty.
7.No idea. Case would start from Asansol or may be Delhi if she is going to stay there. Hyderabad is a remote possibility for venue of cases.
8. Remain confident.
It appears you did not know that Burdwan has highest number 498A cases in WB and Asnasol has notoriety of such cases.I had and have multiple clients of that region facing similar charges.
R.K Nanda
(Expert) 11 March 2014
query too long to reply.
ajay sethi
(Expert) 11 March 2014
agree with Mr braman
Rajendra K Goyal
(Expert) 11 March 2014
well advised, agree with the advise of expert Devajyoti Barman ji.
Guest
(Expert) 11 March 2014
Well advised by Shri Devajyoti Barman.
All is well
(Querist) 11 March 2014
Devajyoti thank u for the input but Protection of Women from the Domestic Violence Act,2005 has been enacted for th epurpose of all women living in domestic relationship in a family, it is not just for wife but also included the mother, sisters, daughters in domestic relationship.
If a wife can complain against the husband and his other family members including his mother, sisters than why can't a mother or sister complain against the wife of the son/brother for act of domestic violence.
Exactly this what High Court of Delhi in one of its judgment decided and allowed thecomplaint of the mother in law against the daughter in law under the said Act of 2005.
Indian law may be favouring women in general no doubts about it, but your mother, sisters are also included in that list of women in India.
If wife can create trouble for husband than why can't mother create trouble for daughter in law, after all it was the pain that this lady suffered giving birth to the son not the wife. Does that mean indian law is handicap?
Devajyoti Barman
(Expert) 11 March 2014
You are already advised. Now it is your choice whether to apply it.
All is well
(Querist) 11 March 2014
Devajyoti da actually it was not advised by anyone but after doing lot of research and speaking to lawyers I was not satisfied. I proposed this to lawyer and he said ya u can...So wanted to recheck wid you. I might contact you if you have any email id or contact number
Biswanath Roy
(Expert) 12 March 2014
It transpires from the statement of facts narrated in your query that your brother is continuously suffering from mental harassment and torture in the hands of his wife. To come out from such a position Divorce is the permanent solution.
Custody of the baby will not be given to your brother, because mother of the baby will be the best custodian than that of
father.
Wife can file cases against her husband and in-laws like Sec..498A IPC, SEC.125Cr.PC, Sec.406IPC, DV Case.
PREVENTIVE MEASURE :- Follow Sec.503 IPC.
To ascertain whether sec.498A IS COGNIZABLE OR NOT examine whether 4th. column of the first Schedule of Cr.PC 1973 HAS BEEN COMPLIED WITH OR FULFILLED if it is not Police cannot arrest any person against whom allegation of 498A was given.
T. Kalaiselvan, Advocate
(Expert) 12 March 2014
Mr. Barman has explained the things in detail,please follow up with him.
