Divorce - within one year need help

hi khushboo,

divorce is difficult, unless you have very concrete grounds for the same, like cruelty,desertion, etc, also divorce is not possible before one year of marriage, except under very exceptional circumstances. by the way you have to elaborate as to what was the reason that divorce is being seeked to get a good advice. what is the choice of the wife, is she ready for it too or not? you have to elaborate the reasons so as to get a specific answer

Kushboo,

Your query is not with clear details. For more clarity;

1) Is wife still staying with husband  and cohabitating ( means living together) ?

2) What is the issue? This is essential to seek ground for divorce( Dont fell bad, whatever it is, need to be told for right advice by experts)

3) if you cant provide it in open, PM  to tajobs/shonee/soem senior advocates, if you think me too can help send me too.

Thank you for your response. 

Problem is we spoke to lawyer and she says we dont have enough grounds to get divorce. But she is refusing to stay with my parents and wants my bro to dance to her tanturms as and how she wants. 

We just want her legally out of our life, but we are scared to approach her parents and ask them to take her away. Worried if they falsely accuse us. 

She also asked for money couple of times to move out of life. but  now she refuses to have even said that. She wants to make our life miserable and not move out. 

is there any law that will help us legally get her out of our life without we getting caught in the web of flase claims from her..?

sorry, simply no laws if no ground.

1. Your brother and your SIL are facing most common marital issues of today.

2. Today they cannot approach Court to dissolve their marriage as whatever facts mentioned here are not enough to dissolve a marriage r/w limitation to file a Civil marriage dissolution suit matter.

3. Their marital issues needs seasoned professionals intervention by first separating them from matrimonial home and giving them their own time and space to resolve among them their issues without involving either sides families. Tell both of them they are no more children to come running to either side’s adult for this and that. If your brother is close to you so is this SIL close to someone so neutraly one has to diffuse such social marital issues.

4. There is no as such long term safeguard for your side and one does not throw away a person just like that.

If children behave irrationally before adults do you strat thinking to put children in foster care?

[children = young couples herein
adults = two families herein
foster care = criminal and/or civil Courts]
 

My opinion to such facts is NO. I am not sure about you who come here seeking solutions!

Accept SIL and your brother as common children of fate of two families. Help both of them if 'adversial litigations' to be avoided and the "money and time" it costs in servicing even simplest matrimonial litigation if spent on them to re-start their own nest away from current "shared household" then it is seen in contemporary Indian context such young marriages sail through adjusting, adopting, modifying their marital hiccups among themselves. Here both sides family minus affected respective spouse needs to do positive talks between them without raking old scars during conversations as how best their family’s children can have more or less their own matrimonial happiness away from respective family’s interventions.

Try above out via a seasoned mediator's help who is known to both sides and one who is interested in difussing and not picking sides.

Law has no one syrup all solution to your presented facts. Law follows society. Your Brother’s and SIL’s issues are most common social issues. Law just sits to decide social issues if brought with that extra touch of a petition writer’s skills and puts blame on one at the end of 3-5-7 years of such adversial trials. If this same time is given to these spouses by diffusing their issues without being judgmental to one I feel they may turn out to be after all an all right couple in their very young marriage. Giving time for just few months as you may say is not enough as we are talking of a marriage not widowship. 

Rest there is a test here to find out who among the two children is socially unfit; ask the mediating person to find opinion about your brother from other family. The moment they say negative about your brother it means your brother has also not visited the Kumbha 2013 just like your SIL so help both of them to find their happiness till they donot tire out via all their social ways and if they fail after few years of trying out then Court would love to sit on a decision but right now my opinions rests in all above paras pick one as you have not much of a choice left other than experiements on money and time.

No legal remedy as per ur wish.

Marriage is very short lived. GIVE SHOT TO A PROFESSIONAL MARRIAGE COUNCILLAR. If required, separating from parents shud not be a big issue, to buy peace!

hi khusboo 

As per facts given by you ihere we can not suggest any way you except MCD. But that cn put your family at risk.

I will personally suggest you make you brother and sister-in-law for a matrimonial councelling because it will be too soon to take risky,lengthy and painful method called DIVORCE.

REGARDS

abhi(dot)kumar9law@gmail(dot)com

Dear Experts, 

Marriage is not yet consummated. She refuses to come close and gives wierd reasons. 

Can the marriage be dissolved?On what grounds?

wow and sad -  i think she has other issues (may be a previous bf, forced marriage, health issue etc.) otherwise

this can't happen even if she hates your parents and wants a seperate house.

whatever be the reason, getting rid of her is not going to be easy unless she/herparents agree to MCD of course

with a settlement money. if she merely demands a separate residence, no chance of a D.

if both are so incompatible and if your latest posting is true, sincere advice is to involve elders to discuss and decide

wheter to continue or not.  get that professional counseling done also. convince her to do this with 'love'.

if your brother continues half heartededly, they will make it more complicated. one thing is the opp party

may listen to you only if you shed some tears and play the victim. 

if once she demanded money to move out, then i can tell she has no hassles moving out but is holding on for any reason other than a honest marriage.

if she refuses to come close to your brother - that is also a cruetly (not discharging marital obligations) but for that

i think there is a long time limit not a few months, pls ask your lawyer.

demanding money, then denying all this is quite common. They are simply doing drama. they want to be nice/good infront of the society, the so called ladki waale victims.

Finally they will blame your brother for ruining a 'girls' life, and try to extort money as their 'rightful' gain.

check their background - financial ,are they well to do, in debts, are the frequent court visitors etc.

Ofcourse ,that can easily be the ground for divorce inspite  she has a genuine reason for that denial of consumation.

regards

abhi(dot)kumar9law@gmail(dot)com

Hello All,

we spoke to lawyer, she suggested give sometime or talk to the girls parents.

my parents have decided to let go currently and let her try to adjust with family and brother.

We will give it a shot for another 2-3 months. If she is really after money or wants to mentally torture us, we will know with time.

In the meantime we have been thinking abt video tapig/audio taping of the conversations, just in case we need it in future.

If she still insist on being the pain in our neck, then we will speak to her parents to take her away.

They stay in different city. When we do so we will make sure lawyer is present and if needed we inform police as well.

Do you think this will help us?

Regards

Khusboo

You are already on right path make sure any imp. decision you take or your any disscussion with her have a gennuine eye witness, and try to collect evidences against her. And she is denying consumation process there can be other reasons also like extra marital affairs etc , so you have to search for that also. But make sure she doesn't  know about this because that can be harmfulfor u guyz..

regards

abhi(dot)kumar9law@gmail(dot)com

corect, you have to start  keeping evidences (written  is better than video is better than audio).

let the 3 months be an evaluation period for your brother to  make an informed decision.

increase your social outing (your brother and his wife) - friends, families, work friends, family doctor, gym buddies,

public places like your juice corner etc.

let them both be visible to maximum number of eyes outside the house as frequently as possible. better if you have

a trusted friend (NOT a relative) also involved.

you need to be discreet/secretive in all your actions.

also pls check your PM.