(Guest)

Mutual consent divorce

hi,

My sister has been married from last 10 years . her husband was very inactive socially and professionally and not taking any sort of responsibility. Initially she tried to improve him by her good deeds but situation is worst now. she has 9 year daughter . now when my sister raised her voice they started mental torture like she cannot work , not to go out of home, not to give money for personal expense, doubting her.

So we took her back to our home. when she tried to go back they are demanding her jewellry and didnot allow her to come back.Even my sister and daugther stuff (clothes and books)are there but they are not allowing to take it.recently we tried to compromise from our side but they said she can come back but they will behave as it is and my sister needs to do as they say.

What should we do,

1. should we send her back ?

2. should we go for mutual understanding divorcee (but they will not give anything )

3. Can we claim dauthger rights on father or grandmother property after mutual consent divorce

4. should we go for complain for all this (but we are afraid of cost and harrasement in such cases.)

Your advise would be very helpful.

Thanks.

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8 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 06 February 2014

A good youth ought to have a fear of God,to be subject to his parents,to give honours to his elders, to preserve his purity. he ought not to despise humility. But should love forbearance and modesty.All these are a ornament to youth ful years. Elders call on them and help what they needed.

T. Kalaiselvan, Advocate (Advocate) 07 February 2014

What is your sister's opinion?, if she has decided to endure the tortures, you cannot succeed in making her to complaint against her husband or in laws, but other wise, if she is cooperating with you for your efforts, and being your sister, unable to see her sufferings, you may decide to go for legal course of action. Her daughter and herself can claim maintenance amount from her husband, provided she is not employed. think many times before taking any hard decision.

(Guest)

Thanks for the reply, Actually we tried a lot to compromise by meetings between elders of my family and her in laws but its not working out at all.

So instead of going for contested divorce we thought of taking mutual consent divorce .

But we know they will refuse to give any maintnence or property rights to her daughter as property is in name of my sisters husband and mother in law .

So Can we claim rights of her daughter on property during mutual consent or after mutual consent divorcee?

becoz her husband was saying that he will give it to his sisters.

Can you suggest me for same ?

sandykrish (Interested in Family LAW) 07 February 2014

Ley Patel, your intentions are clear you're aiming the property of your Brother in Law, Are you a pimp to your sister.

This shows that your sister has harrassed your Brother-In-law leave them separately let them lead their good life. Why your family involve much in to their personal issues every husband and wife will be having some or the other problem, unless your sister in into affair with the other person, why hide those facts in this forum.

If you have all the proofs why not contested divorce, if you are true apply and prove it in the court. The aim of the LCI members is to unite both of them.

If you are thinking criminal here personally meet a criminal lawyer who will guide you on how to swallow your BIL's property.

Chey what sh*t brother you're. Ashamed in this Indian Society. What culture are we in?

(Guest)

Sandy, Seems like you have much idea abt pimp seems you are one of the pimp product or pimp sh*t

Dont worry abt indian society as there are good people like us who fights against sh*t like you.

i dont care abt people liken u as they exist for no reason.

sandykrish (Interested in Family LAW) 08 February 2014

Mr Amit, I saw your response, no point in responding to the people who self praises about themselves stating we are good and instigatings proceedings for the sake of property from your BIL. My dear friend understand the value of marriage.

Husband and wife relationship always have normal wear and tear, but the bottomline is that either of the family members should not involve and provoke them to take decisions. Leave them free for some time, why children should suffer for the sake of elders, from daughters persay try to unite them, instead of elders both the families sit together and convince them for marital councelling , If this doesn't work then go legal.

10 years of marriage, no court will listen to bullsh*t story.

ESIS any points to be added to this self praising guy who is talking on behalf of a sister for the sake of BIL's propery..

(Guest)

@Amit

No you cannot claim! Your sister's kids will have rights anyway as they are the legal heir of your brother-in-law. He is liable to maintain them and the kids will anyway have property rights from their parents that's only after the parents demise.You cannot claim any property rights on behalf of the kids as they are minors now but the kids father is legally bound to pay maintenance to the kids.

I think you are getting too much into their personal lives, why do you want your sister to get divorced at this point? Why talk about MCD/alimony/property? If its your sister who initiates divorce then obviously bargaining wouldn't be great. Anyway she will take divorce and do what?

(Guest)

@Sandy

He does not want to maintain his sister who is now sitting at his home. He is worried about his own property share lol..His sister is anyway abla...never had any ability to maintain herself. Now the best thing for them is to extort property from the alleged "harassing" husband and get himself relieved from the "brother"ly responsibilities, family values and one good upmanship lol :P

The greatest thing that they have ever done is to get their incapable, dependent sister married to a MAN. Thats it, their responsibility cease :)