Need advice (lead) 11 February 2012

Regarding divorce

Hello Everyone,

Please clear my doubts.

My sister is being harressed by my brother-in-law for money for long time. Both are employed. He doesn'h spend even a rupee for the family. He uses very bad words, abuses and do everything. My sister is still waiting for good time to come. She is still calm because of her child ( 4 year baby.). Poor child doesn't get love from her father.

He has done all mental torture possible to get dowry from us. Even theit in laws do mental torture.

Now he is threatening to give divorce for which my sister is not willing at all beacuse her child needs father.

Now please clear my doubts.

1. Can he get divorce if my sister is not willing?

2. If they are eligible to get divorcce then what should he prove before the court.

3. Can my sister file 498A after her husbabd moves to court for divorce.

Waiting for your Valuable suggestions.

Thank You,

XXXXXX

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4 Replies

prakash vathore ( lawyer) 11 February 2012

hi,

sorry to say but it sound like yr sister's marriage is a big failuer still yr sister want to be there for the sake of child.

first thing first see if your brother in law is not treating yr sis as his better half he will not treat her child as his own so no point to stay with irresponsible husband and father.

if your sis is able to maintain herself and her child then pls go for divorce and start a fresh life.

your sis can file 498a at any time no need to wait till her husband file for divorce.

all the best.

Advocate M.Bhadra 11 February 2012

He would get decree of divorce if he can be able to prove the cruelty on him by your sister and also desertion ground continous 2 years from from the date of separation.After filing devorce suit 498a does not lie.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 11 February 2012

Dear Querist,

Though strictly divorce does not depend on the consent of either party - it is for the party seeking it to prove by evidences cruelty/desertion etc. as ground for divorce. Though such divorce if contested takes a lot of time. Your sister can definately file for 498A if she's been harassed for dowry and in that regard she should not wait for divorce case to be filed - because in that case - it would seem like a counter blast to the divorce petition and not a genuine grievance.

Feel free to seek any clarifications.

Best of Luck !

Bharat

Advocate (Delhi)

Convenor : Lawyers for Social Justice

Tel : 9810553252 (only 6 to 9 PM)

Sanjeev (Lawyer) 12 February 2012

Divorce is not that easy to get and during fights between husband and wife sometimes they do say I will give divorce but that are just in anger and are not meant by them so dont react on this. Before filing 498A remember that would mean that there would be no scope for them to live together after 498A as once you bring in police and court in personal relationships there is no scope for reconciliation and the trust is lost.

Making decision about the future action is very easy:

Think the difficulties she facing now whatever in her married life- Imagine that there is a scope for improvement later due to child and other factors.

Then imagine the life she will lead after filing the case living with you forever- fighting for maintainence and divorce in courts. The child living in a more tensed environment.

If you analyse both situations you can decide actually the decision is of your sister.