Vijay Raj Mahajan
(Advocate)
07 June 2019
Marriage is not even one year old and your brother in law cannot even seek divorce within one year of marriage. The annulment of marriage on the ground of fraud or misinformation or non disclosure about the previous relationship of the wife at the time of marriage can be option for nullity of marriage, however the evidence of her previous relationship existing at the time of the marriage and these were not informed to the husband for taking his consent for the marriage needed, that will not be so easy for the husband to get and prove it in the court.
The divorce by mutual consent can be another option that can be worked out and any settlement in this regard can be done with the wife, after one year of marriage completes, the joint petition for divorce by both can be presented in the Family Court.