Wife left home and children, 8 year boy and 3 year daughter

With the help of these evidence your brother can file divorce case. Its better first gather elders of both side and try reconcile or mcd. Because you have already waste 15 year now court may take 5 year more and once you file divorce they will file cases on your. If nothing remains in relationship then instead of wasting time and money in court try MCD. You can apply for custody of children if they are above 5 years. But if your brother really think about children then he should know this thing also is very difficult to brought up any child without mother or father. Child need both. He should rethink about his children future before divorce . He can easily get divorce but what will be his children future. How they brought up without mother. If he remarry after divorce can that new girl be his children mother think this. Its too late for your brother for making decision of divorce. He should take this decision before children. Only children suffers in any divorce

Doctor Campbell"s views are also to be taken into account for an amicable settlement.

Forget about your problem querist. It is not an important problem. Please help the learned forum members decide who is right and wrong in advice. Perhaps forum members may want to file some court cases on each other and decide whose advice is better. Querist can depose as witness. Clap clap clap.

What is MCD ? Fullform in term of legal

@autohide147 , We are atleast human, so let advice which are not always legal so trust on people, lawyer and court build up.

The lady's nature is cruel as wife since married and noticable tha she has many time left the husband/home on saying of others only (her mom) and this time she also left kids. Besides she is also not good Mother as she always hits kids with bad behvaviour. No future with her.

So borhter this time has decided not to live with him anymore and we'll try for settlement for mutual divorse with affordable amount. But we can not guess for other party action so we have to wait and watch what's going in their mind and will they file wrong cases on us or not and how we survive if they do. Currently communication are stopped from both way.

What is MCD ?

MUTUAL CONSENT DIVORCE(MCD)

Mr.Autohide 147,

Querists are here only for legal assistance and not for debates and irrelevant discussions.Whenever we peep into the query our reply should add value to the problem of the querist and should not be vague in nature.This is basically a legal forum which should be attended by legal experts only,but other members too can express their views if it is relevant to the existing problem of the querist.

 

 

@sainath : I got it about legal discussion. As they have fail for their oral threathen for wrong cases by direct and indirect call and they heard that now we are not ready to bring her back, there was call from police nayab, dysp office to my brother that his wife has came with lawyer and complained that you have demanded for fify lakh, hit her, keep child and carried out her, you need to come for your statement and inquiry  before we register her FIR  for do you want settle the matter or we proceed with FIR. 

My brother has already registred about she left home and kids in the near police station.

Ques 1 ) What should be next, Will they hear about the audio of her cruel behaviour and pics of burned kids ?
Ques 2) As brother do not want to stay with her , will he allow for any FIR or case ?

 

U can show the audio recordings and photos as and when required to the police.Don't file any complaints or cases as it would further escalate the problems.U said about MCD,I don't think MCD work work out at this stage.

I heard that ...police just called lie to come only for just statement there (said yet not registered FIR but already registered ) but they may arrest and jail and also take kids from brother. Is that possible ?

Go to the police station along with a lawyer,that would be helpfull.

Dear Sainath Sir: I understand your point of view and have respect for your legal expertise. Law in India has become totally ineffective in resolving marital disputes and this fact is well known throughout community of lawyers. The broken system is creating a growing army of young men and women who are wasting best years of their lives walking in courts fighting maintenance/streedhan/dowry/custody/divorce cases with no end in sight. All their hopes of having a stable family life are shattered once such case gets started. Advocates keep advising clients to continue litigation for their own benefit. This irresponsible behavior of legal practitioners is slowly destroying our country like termite. Advice on legal process and technicality is well and good. Members of the forum also have duty to respond to querists with a holistic view of their problem, the bigger socio-legal context and the current state of Indian courts. Sticking just to legal points would be irresponsible in my opinion. I request senior members to not dismiss discussions around the holistic view of the problem as vague. This is a general forum and expert forum exists for querists who only want opinion only on legal points excluding the wider discussion.

Whatever said by autohide147 is right about ineffective in resolving marital disputes so what a common man do while all indian laws in favour of woman threating to bind in wrong cases and no output and quick decision on investigation ?
With weapon of this indian low, a wife really harrased husband and if he speak or inform about his suffering to the world about this  than he always heard like all laws in woman favor, wasting of time, money etc. He want to speak but can not due to laws ? This becomes man really 'na-mard' , is this freedom, happiness .. a single lady harrasses to man, his mother, father, brother, sisters and make them hand-less only due to such indian laws. Of course man have to think about suicide when he is handless having hands, who is responsible for this  ?

If someone give bad words or slap you or your mother than will you bear all and do not take any action thinking we'll suffer by wasting time and money in fighting ? If wife contines to file wrong cases having indian law gun than a husband should not fight against her and listen all bad words again him and family without saying a single word ? right ?

1. Common man has to change mindset to be free from this sh*t.
2. Courts can ask you to attend date of hearing only, cannot force you to keep such women in your house or suffer her behavior.
3. Courts cannot stop you from loving and living with another woman while your wife is filing cases. Your wife can get divorce only if she proves you have another woman.
4. Courts cannot convict you without wife establishing her case of dowry harassment beyond reasonable doubt, which is impossible to prove if she is lying.
5. Stop believing in marriage as an institution. Take advantage of the broken courts that take 10 years to do anything. 
6. Start new relationship, let wife rot in courts for however long she wants with whatever cases she wants to file.
7. You don't commit suicide when there is power cut, water cut, long delays in traffic, corruption in every office. Attending a dates in court 2-3 times in a year to see this woman narrate her fake sob story is similar inconvinience. Learn to ignore it and move on with life.
8. False accusing women ends up eventually in pain, I have seen their fate with my eyes. They lose their youth running in court, nobody marries them afterwards, their parents eventually pass away. They find boyfriends but they also take what they want and eventually go to marry a decent girl who does not have such baggage. These women get so caught up in painting themselves as victim, they lose all their self respect along the way. The spend years blaming their husbands and living in anger. They hope that husband will come back one day under pressure of court, but that day never arrives.
9. Untie your life from wife - the tie is only in the mind. In Hindu scriptttures marriage is sacred. In Hindu Marriage Act and IPC it is now a form of legal terrorism and slavery. If you shed adherence to this idea of marriage, you automatically become free.

Dear Authohide 147,

For UR kind information my initial advice and suggestions will always centre around amicable settlement outside the doors of the police stations and courts by the complainants/accused or petitioner/respondents.

I never view in the angle of the querist because it is his/her version and the version of the other party could be different.The point to be understood here is that the fault never lies only with one party( may be in exceptional cases) both the husbands and the wives arre equally responsible for the happennings in their marital homes.The Inlaws etc of both the households are only third parties.Marriage is always a bond between a man and a woman,which has to be successfully carried on for the rest of their lives with love affection and proper understanding.

@autohide147, your words and poitns are really good and encouraging and I also feel that if you do not fight against anything wrong looking to people's experiance of courte and future picture than system becomes more worst and termite (bad woman) power increases more and more and one day man become just for saying man and there will be worlds o woman only!!!

@SAINATH DEVALLA, we have to clap when someone bring hand to clap. Sometimes or it must be case where fault is either a man or woman not of both. In my brother case, his wife demanded and forced to my brother to name the joint property our home on her name because I(me) have purchased a flat on homeloan from my earning otherwise she will left the home with kids and she did this on sayin of her mother only. so who claped here ? JFI, i had to go separate from joint home and have to took home loan or paying lots of interest only becasue she did attempted lie tries of suicid many times and i do not want to bind in her wrong case as i have alos family, wife, kids.

During 15 years brother treated and explained him with love and hope relation will be good, but she assumed borther's weakness and also get support of his brother and mother which manytimes threaten to my brother to bind in wrong cases. She just went to police station and file wrong cases as she knew already wrong without understanding of 15 year relation, love , kids etc. She did this many times ago too. And of course will do in future and bind wrong cases on me too. Is such lady suitable to re-bind relationship ?

Question : We talked to some our social members about this matter of hes file case and we got news that members have forced her brother to bring back the case and send her sister back otherwise they will dismiss them from society.  Now this process already happens multiple times during this 15 years of marraige.
Reside at parent home=>discusstion=>bring her home=>no result , this is loop....

We know that she want to come and do not want to leave my brother but she is not ready to improve herself and her behaviours to others, my family and get strenght from her brother and mother with weapon of coure case etc.

I feel that this dog's tail will not improve and come again the same situation in future too but people saying about future of 8 year boy and 3 year baby , i start thinking.

What are suggestoin point # is good with prons and cons ?
1) Offer for mutual divorce with affordable money and get divorce if she is ready
2) Bring her back with hope or conditions which she will temporaory agree for now as she want to back, give her hopeless chance another time..
3) Fight with case to see them what they did wrong, repent them and become more tight so they get know other have also power. Of course we'll also suffer from courte, money, time etc and we also repent too.