LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

yash (rohtak)     15 May 2015

Divorce

My brother got married in dec 2012. after marriage her parents were interrupting in our family matters too much. we asked them not to come under our family matter. they took my brother's wife for 3 months. we had to go there and take her back. they started misbehaving with us. by the mean time my brother got daughter too. misbehaving increased too much that 20 people from their side came to our house and shouted at my mother and said to my brother's wife that put bit of fire on yourself they will get jail for 10 years.1 and half years back they took my brother's wife and their daughter with them and currently she is with them. now they tell our relatives that they will put a dowry case against us if we will not take her back. now we dont want her since they did too much misbehaving including my brother's wife(she is also involved). please suggest what we can do. Can we apply for divorce. will it affect the jobs we are doing.

my parents put a case also against them for misbehaving in court which got dragged and we kept it on hold



Learning

 11 Replies

Dr J C Vashista (Advocate)     16 May 2015

@ Yash,

What does your bhabhi want, to save the marriage or divorce? Let your brother talk with her and proceed.

yash (rohtak)     16 May 2015

Now she wants to come back. They are not living together from last one and half years. But since her parents came to home and said to her when she was with her that put fire on u and they will go to jail. We can not trust them. My brother wants divorce now.please suggest what we can do to get divorce.

saravanan s (legal advisor)     16 May 2015

you can apply divorce on the grounds of cruelty and desertion (if its been continuous two years since she had left you).before that file an nc in the police station about the threats issued by your inlaws and your wife also record their activities and keep it as a proof

Laxmi Kant Joshi (Advocate )     16 May 2015

If you have the proof of her cruelty with you only then proceed further otherwise first gathered the proof and then think for divorce, as per to me if she want to cohabitat with your brother realises her mistake then i suggest ,you must think once to take her back with you because mere threatening from her relatives that lit fire on you and put all of you behind bars is nonsense, i suggest you don't indulged in unnecessary litigations a lots of years will waste in the life, but as you said it is too much then talk to her and proceed amicabily for mcd .

Dr J C Vashista (Advocate)     17 May 2015

If she (your bhabhi) is willing to join and your brother as well, leaving aside their ego, they must rejoin and enjoy their married life. 1 1/2 years separation shall be cementing their love for each other. Convience both of them.

yash (rohtak)     17 May 2015

They have said too much too us. Abused publically. Shown the revolver too to my brother.as a proof we have neighbours who can tell about the incident. Also she killed her baby without informing my brother her father came and gave medicine. We got to know after some time. We have written note from her saying everything she has done and we are not involved in this.now even if they will come together things will not go smooth. We talked to lawyer and he suggested we can put a case. It will drag for 5 6 years and all that. Is it true? Does it mean that bot can not ask for divorce?

T. Kalaiselvan, Advocate (Advocate)     18 May 2015

The best thing is that your brother should consult a lawyer, discuss the issues in detail and if he still insists on divorce, it is better to go for it instead of brooding over the past incidences without any relief or solution.  

Biswanath Roy (Advocate)     20 May 2015

Take opinions from your close relatives and well wishers and consult with a prudent lawyer in your locality.

SuperHero (Manager)     20 May 2015

@Yash - Okay Problems are there. What does your Brother want to do?

Get divorce or Live with Her?

If you ask the Girl - she will have a list of complaints too and expectations.

Some Girls want Nuclear Family.

If your Brother gets divorce - What does he want to do rest of the life? Stay Single.

Or Get Married again.

Remember if the Girl is not working she is entitled to get maintenance and alimony.

What is the status of the Kid? Does the Kid needs to live with only One parent?

Your Brother needs provide Money the Kid for upbringing of the Child.

Ask all this questions to yourself? Find out an answer and then take steps accordingly.

Both parties shouldn't stretch too much. If so the Marriage ties will break.

Wish You Good Luck!!!

 

yash (rohtak)     21 May 2015

We want to go with the divorce. how mych time it can take to actually get it. and how much money can be involved in this matter(approx)

SuperHero (Manager)     22 May 2015

If you give the Money as much as the Girl demand you will get divorce as soon as possible.

If MCD - 6 Months. 

If DV and 498a are filed. Case may go as long as you can think.

Money can make many things. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register