Husband tortured mentally by wife

Your brother has three legal options; ask him to choose one in consultation with locally hired via reference advocate as last resort;

Option 1: Judicial separation decree from Court.
Reasoning: Young marriage r/w 1 year old child of parties. Can be converted to divorce after 2 years of a separation decree if both cannot mend ways and live together under a roof.

Option 2: Contested divorce using ‘mental cruelty' as ground.
Reasoning: The brief has hints of the same. Prepare him for few counter blasts from her side on him r/w his family members.

Option 3: Mutual Consent divorce
Reasoning: Safest, minimum 6 months flat is time period to get mutual decree provided both agree to certain terms and conditions on alimony, joint property (if any) division, child custody / visitation as the talk mature(s).

My observation if need for consideration on this brief;

Do nothing other than filing a application to local police station with stamped / signed receiving that his wife threatens often of suicide and marriage is young between them; now let her go to Court with her own version as and when she finds it fit and meanwhile let your brother spend time equally between parents and his wedded family and family members just be there emotionally supporting him as he is under a very very tricky phase neither here nor there till a Court clarifies such and such!

mai bhi doobungi ...

tumko bhi le doobungi ...

from where some ladies learning this ?

Hi Archana,

Archana Ji you can advise your brother to go for Mutual Divorce else your brother can directly go for filing a divorce petition under Section 13 (1) (i) (a) of Hindu Marriage Act, 1955, underlining all harassment beard with.

To the peak of all these discussions get the definite mind set of your brother because once divorce petition is initiated spouses rarely turn back.

Rajesh Kulkarni

Advocate, Hyderabad

7799116901

Hi Rajesh Ji,

I am stuck up on your statement rarely turn back once divorce petition is initiated ,is after petition initiated what wll be reaction on wife.

Rgds,

Raj

Hi Archana,

You need not… I meant to say that in general when Divorce petition starts “even though spouses love each other and try to overcome one’s mistake ----- EGO strengthen them from not re-joining again”

I would advice to go for conciliation try to settle the matter, anyhow divorce option (whether through Mutual consent or contested divorce) is available at any time.

Rajesh Kulkarni

Advocate, Hyderabad

7799116901

Rajeshji,

Thank You for your immediate response.Now then, we are trying to send her to their place as soon as possible but she is not ready to go there instead continuing threatening my brother all the time.Even her parents are not responding to us as if they are used to these type of situation from her.

We are in dilemma..kindly advice us insafeguarding ourselves n my brother immediately from her threatens.

Archana.

@archana,

There are many suffering silently like your brother.  It seems your brother's wife and her family have already started handling the matter legally as it seems they knew about the term 'desertion'. So, you have to be a little cautious.

As advised by the experts, first 'give emotional support' to your brother. Make him strong and confident. Assure him that all the family members are with him in whatever decision he takes. Don't ever impose sentiments on him because it will ruin his decision making ability.

Following sentiment when there is no attachment is a dangerous experiment. Do not do it. 

Out of my own experience, I would like to suggest the following and you may initialize these steps immediately.

1) Assess whether your brother & your father, mother  can handle if any worse situation arises. Whether your brother and his immediate family members, like you, can devote time and help him financially to face such worst situation.

2) Assess the support of your relatives & friends if  the matter goes to police station/ CAW/ court. This is very important. 

3) If your brother's wife is from a different city, start building up good relations with reputed people (even goons, if possible) in that city through your relatives & friends.  

4) Find out a good lawyer in that city and also find out the names of senior police officers. Try to find out if any of your relatives or friends know these police officers personally.

5) Ask your friends and relatives visit your brother and his wife regularly who later can help as witness.

6) If you feel that some person may advise or help or support your brother's wife & her family in case of litigation, collect details about him. If that person is a govt. servant, find out his office and enquire about his nature of job.

Once you secure all the above, you can face the situation easily even if your brother's wife & her family approach the matter legally or illegally.

Thanks,

Nanda

Hello, please check your PM. Before you take any legal step, you have to understand the root cause.

Go for professional counseling and  get the DETAILED counseling report.

A good counselor will extract all her past experiences, nature, inner thoughts, fears  and motives.

Once you have those material documented and understand, you can think of legal moves.

I think otherwise you may find it difficult.

Also as others  have suggested, you have to start keeping and tracking proofs/evidences.

one more  thing - If your brother openly suggests  Divorce to his wife, I can guarantee that her reaction will

not be just bad it would be dangerous also. So better avoid it, play it safe, and get the counseling  reports.

based on that, your brother can then directly apply for divorce (before she  does any

drama or 498a),or if he wants to be brave  he can bring up the D topic with his W.

Harshji,

  My brother already approached counsellor long back....they suggested his wife to attend counselling but she was not ready for that.