hary (video editor ) 01 January 2014

Please guide

Just last month my brother got married and his wife never allowed him to touch her, she always talked with him very rudely , mostly never seems to be interested in talking to him at all, when we questioned this behavior of her she reasoned that she will be alrite after certain amount of time as she is introvert and takes her time to get along - we strongly believe that she is lying as she does not seem to be introvert at all as she gets mixed up with other people very quickly and has lot of friends,

i guess she is intentionally behaving in certain way with my brother

she went to her mother's home thrice in just a month of marriage n stayed 4 to 5 days every time and only came back after lot of insistance from our side ,

2 days back she accepted that she never liked my brother and married him against her wish

my brother is going through lot of mental stress bcz of her and cant concentrate on his work , he seems to be getting in to depression because he really liked her and is unable to take the rejection that too after marriage , we have also spent lot of money during wedding , reception n other functions

girl is always busy on mobile phone and has kept log in password on so that we cant access her phone while she is asleep to check who she is talking to , we strongly think she must be having boyfriend or something but on asking she always denies that

her parents are also not able to help

my brother is already fed up and wants to seperate from her to avoid future troubles that she will be giving him if they stay together

my questions are

1) Can he get divorce after just one month of marriage ?

2 ) can we file cheating and mental harrasment case against girl and her parents ?

3 ) can we keep the gold that girl's parents gave her in order to refund the amount dat we spent during wedding ?

4 ) when marriage is not consummated , is boy still suppose to pay alimony after divorce to his wife ?

5 ) what are other options to get seperated from girl without going to court and get 2nd marriage ?

i will be grateful to any help and guidance

thanks in advance

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5 Replies

Biswanath Roy (Advocate) 01 January 2014

Your brother's wife is suffering from psycho-apathy syndrom which can be removed by counselling by a Psychiatrist.. Your apprehension that she has any boy friend is not correct. She might have a dream about a particular type of young man as her ideal groom.

K.K.Ganguly (Advocate) 01 January 2014

1. No. For divorce you shall have to wait for 1 year,

2. No, since there has been no cheating & the harrasment is difficult to prove,

3.No. You can not. Not only the gold which her parents gave her, you can not hold the gold even which has been given to her by your parents. Those are her Streedhan,

4.Yes, your brother can file a petition for anulment of marriage for its non consumation alleging her freezidity but you shall have to prove that & in case of annulment, no alimony or maintenance shall have to be paid,

5. There is no way to get your brother legally married againt with out getting divorce, decree of which has to be granted by the Court,

6.Please also note that trying to search personal details of wife's telephone, without her knowledge, is illegal which, if proved, can seriously go against your brother,

7. Lastly, try to settle the matter amicably if possible or ask her to agree fro mutual consent divorce if she has not liked her husband. It will be quickest.

Biswanath Roy (Advocate) 01 January 2014

Principally I do not encourage any body to go for Divorce more particularly for a short period marriage. In your case I do believe my observation is correct and can be fruitful if you eager to do so and if you get co-operation from bride's family..

T. Kalaiselvan, Advocate (Advocate) 01 January 2014

I think Advocate Biswanath Roy has given some valuable piece of advise on the issue. As opined by him, it may be a psycho-apathy syndrome, which can be made alright after consultation with a good psychiatrist. Just because her behavior with your brother is is indifferent, do not hastily jump at a conclusion suspecting her chastity or for a possible extra marital affair with some third person, without any valid evidence or reason, you should not arrive at such an opinion. Further, please keep it in mind that the jewels and all other articles that belongs to her are her exclusive property over which nobody can have a right or interest and thy form part of streedhan. do not do the mistake of retaining any of her articles lest you may have to face criminal action. As rightly suggested by Adv. Mr. Ganguly, that trying to search personal details of wife's telephone, without her knowledge, is illegal, hence do not venture into such ideas.Save the institution of marriage when things are not beyond control.

hary (video editor ) 02 January 2014

I think taking the girl to a psychiactrist for consultation is the best and the only option we seem to have as none of the other answers r going in our favour anyways , i will definately speak with girl and her family on that -

i just dont understand why the system is so indifferent, helpless and incapable towards husbands in such cases , im sure many men r suffering from same and even worst dilemmas due to our onesided law system in such cases

anyways thanks for inputs and support i truely apreciate the time that adv ganguly, bishwanath roy and kalaiselvan have given

will definately write about the psychiactrist report of my bro's wife here and look forward for more solutions -

thanks gentlemen