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Sumona Singh   20 November 2017

Marriage on virtual breakdown point

Dear Family law experts

This is a little odd situation difficult to handel for us.  My brother aged 50 remarrid after lapse of 15 years with a widow for whom it was second marriage too. She is 44 years. And works in central government now posted in Delhi.

Her parental home is in a premium south delhi area forwhich she hs left her share already,  where her three borthers and one sister live free of cost in parental house.All are well educated and work in government at good posts .One is senior class one level of  Jt Director status but lives separately elsewhere.

All 3 briothers and on sister sahemlessly regualrly bleed my bhabhi and take money in thousands even after her marriage bypssing my brother comopletely . She is being made emty and may be ntrouble in n old age.Bui she does not understand.

Now 4 years have gone to marriage. When marriage took place, my brother who was residing in haryana bought a house in NCR at huge cost mobilising all his savings and inherited property so that they could live comfortably and she could be closer to her brothers though , we have a good set up in haryana too. I still live in haryana only.

My bhabhi is posted now in delhi.She earns handsome salray.So it was decided that since my brother wont be left with any funds after buying house , my babhi will also put some amount in a jt account which could be used for family pension purposes later form which they will jointly draw money for househld expenses as and when needed.

But aftera 2-3 months she stopped and  diverted money to one of her brother saying his daughter needs money for eduaction whereas that brother and his wife earn 2 lacs per month form central government servcie and live in own home in Delhi

Otherwise also my babhi never changed after mariage and continues to visit frequeently her borther place and lavishly spends money there only , and buys their ration househld gadgets like fridges ,  beds  laptop etc and spends heavily her savings and income. She even applies for DDA flats with her borthers/sister not her husband. What is going on?They are bledding her and emotionally blackmailing her even after marriage as if marriage has not taken place.

She refused to put money in Jt account and as my borther has very small income being a teacher he is in trouble, he has become ill.Almost daily she taunts him, blames his character meaninglessly and quarells to justify her parental flings.Her parenst no longer are alive. AStleast I never saw such situation in my life anywhere. She has ofcourse no chldren and my brohers child is in USA now since before marrriage so both live without children or any one else.

The life has become diffcult. Counselling has failed. My borther wrote  a detailed letter to her eldest brother counselling him and asking them to have some shame and not to bleed their marrid sister even after marriage  instead of giving her and stop it all .but no change.rather she is doing it more now. her borthers and sisters are exploiting her emotionally and bleeding out all her money for luxury life . Every now and then one would phone and ask for 5 or 10 thousand cheque.My babhi has left her signed chq books at their place.Even her brand new car was taken by her borthrs son a student and never returmned ( 7/5 lac cost)

The situation is pretty grim

My borthera sked her to accompany for psychologict counselling but she refuses.

What to do?

is there any legal civil or criminal remedy to situation or let the marriage go bad?  It cant last now more. Unless remdy is done. My brother is stuck with house and not sufficient income to meet expenses of month now. he has lost health duye to daily mental tiorture .My babhi is very rude woman too.

Kindly sufggest some deft way out of this mess if possible and feasible.

 



Learning

 5 Replies


(Guest)

One should not marry a person who has got higher income and is more affluent.  Money plays vital role in deciding status of mind, society.

Now things cant be undone.

Filing for divorce can be a option but it will attract lot of cases from wife side.

Plus alimony case they will put.  Whether divorce is granted, alimny will be granted, all that will be decided later, but procedure will start and wont end.  

Usually in this forum young boys and girls come to forum with divorce problems, marriage problems. They will be 25-30 years of age.  They will plya case case for 10-13 years.  Somehow get rid of each other when they are you brothers age. And think of remarriage or some setup.

Best way is simply sell the house, pocket the money and get it deposit in some bank, make sure some decent rate of interest comes per month.  GO stay in some pg accomodation.  Let him not tell where he went what he has planned.

Simply move out.  

Going to family court seeking legal solution to this problem is waste.  Courts are unfit for solving matrimonial disputes.  They can order only alimony and will put 1000 rules to grant divorce.

or simply tolerate what is going on for the rest of his life.

 


(Guest)

One should not marry a person who has got higher income and is more affluent.  Money plays vital role in deciding status of mind, society.

Now things cant be undone.

Filing for divorce can be a option but it will attract lot of cases from wife side.

Plus alimony case they will put.  Whether divorce is granted, alimny will be granted, all that will be decided later, but procedure will start and wont end.  

Usually in this forum young boys and girls come to forum with divorce problems, marriage problems. They will be 25-30 years of age.  They will plya case case for 10-13 years.  Somehow get rid of each other when they are you brothers age. And think of remarriage or some setup.

Best way is simply sell the house, pocket the money and get it deposit in some bank, make sure some decent rate of interest comes per month.  GO stay in some pg accomodation.  Let him not tell where he went what he has planned.

Simply move out.  

Going to family court seeking legal solution to this problem is waste.  Courts are unfit for solving matrimonial disputes.  They can order only alimony and will put 1000 rules to grant divorce.

or simply tolerate what is going on for the rest of his life.

 

Vijay Raj Mahajan (Advocate)     20 November 2017

Horrible situation for which your brother has to straight forward tell his wife to choose between him and her family members, otherwise they both should go for divorce by mutual consent. Your brother is losing his own mental health while taking her mental health in account. His condition will become bad to worst if things continues in this manner. Sorry to say your sister in law will not change nor leave her relatives as its quite evident from your facts so better it is to call off the marriage in an amicable manner. No use indulging in criminal or civil litigation that is just waste of money and time and the age of 50s for all this doesn't look nice. After freedom from such person as his wife your brother will lead peaceful life.

Krishna   20 November 2017

As your bhbhi is totally influenced by her brothers and sister, if you seek legal remedy , they may influence her and file false cases under 498A etc. Go along with all your relatives to their home try to finnd out amicable solution, including mutual consent divorce. If that is not possible, happily sell the property,keep it FD, enjoy the interest or purchase a new property which is lesser value from that money.Let your brother live separately, happily. He can get a maid, take care of himself, parents. If he does not want to keep the relation or want to get married again, then go for MCD if possible or contested. As your bhabhi is earning more than your brother, he may need not to give any alimony. In life brothers and sister are 't permanent. Only wife and husband relation is more important and permanent. leave your bhabhi and just forget


(Guest)

MCD such type of woman wont agree.  They want marital status and husband should dance to her tunes and her relatives tunes.  If MCD agree, husband has to shell out huge alimony perhaps lose house.

As she is working, she might not get alimny but thse judges favoring women nothing can be said.  They will simply mischieviously order alimony and amek husband run to high court suprem cort.

That will be never ending saga.

Snake shud die, stick shud not break.

Better run away, no need of divorce, no need to pay alimony.  If she somehow traces husand, play innocent or confront and tell dont want to live with u.

If tell and confront now, she will file lot of cases under influnece of bros and sisters.  and make life hell.


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