Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

moorthy (nill)     16 November 2014

How to get divorce from wife if person iq is poor

My  brother is divorcee and his wife is also divorcee.We have told about our brother before the second  marriage that my brother is having  learning disabilities and his IQ is poor and low .She had agreed for the  marriage of my brother.Now the wedding has come to lock because of her beating my brother and treated him us slave .Unfortunately her moral conduct was not above board  and she main looking for money and properties of my father.My brother had given legal notice for divorce she have give her replay notice saying  that my  brother has a mild intellectual disability .After that we have  field HMOP in sub court  and we accept that he is having learning disabilities and his IQ is poor and low. After that my brother wife now have filed DV cases against my father ,mother, me and my wife also.And she had filed Interim order for residence order and to get fincial assistance .Now the court order for residence .The said house belong to my father .We have field appeal in the district court and it was also confirm the lower court order now we have filed in high court we asking for vacate order of lower court  or to disposal the main case with thin short time.How can we get out of this matter and get divorce  for my brother. Is there any cases laws please kindly help me in this matter.

 



Learning

 2 Replies


(Guest)

Ask brother to move out to some PG accommodation/friends house rightaway without further delay.

If the house is self earned property of your father, your brother's wife cannot enter such premises.

Further your father can get civil injunction retraining the brother's wife from entering your father's house.

When police come you should allow them to search premises, when they dont find your brother, they will tell that they will leave the woman in the father's house, then you should tell we take no gaurantee of her safety. Police will ask her to go back to her mothers house.


Dont also tell the police as to where your brother is living.


If brother does not vacate the house, he will be a headache to your parents.

Keep me updated here.

Adv. Chandrasekhar (Advocate)     16 November 2014

File divorce case on the ground of cruelty.  If your brother is staying with your parents, she has got a legal right to stay where he stays.  Otherwise, you can put a proposal to the court that you are intended to incur the rent expenses and she can have a rented property so that brother cannot be physically abused.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register