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Divorce-wife does not want to come back

(Querist) 26 June 2017 This query is : Resolved 
My brother who got married in July 2013. Initial it seems going okay, but then couple of incident happened which marks fundamental differences. Wife started pushing my brother on financial matters to get things on her, or for her family, and strongly asked my brother to not support his parents, now he left the job and settled in Village. Things continued on/ off disputes and after 2 month she committed to suicide , one night before committed suicide her parents send police to my house to take action against me but police refuse to file any case and police advise me to sent her to her parents she is mental ,doctor also advised me that send her to her parents on Mar.7,17 ,I dropped her Bangalore, in Bangalore her parents residing. I have 11 month boy. Always threaten me that I am demanding money and she will lodged case of Dowry.
Need legal consultancy as how to proceed with it now. These are my quick clarifications? 1.In which place should I file case in Bangalore or can be applied to Darbhanga Ditrict court i.e. my native place.
2. Wife do not have any intention to reunite because;
a. Commit suicide and called police.
b. During 4 years of marriage she only with my brother approx 1 years ,she always went to her parent Bangalore, and then never came back in spite of all effort.
c. Its she who never once initiated a single effort to reconcile and clear difference in span of last 4 years
d. What option does a husband have in this case?

please advise us .

Azhagananth (Expert) 27 June 2017
Committed suicide or Attempted to suicide?
Azhagananth (Expert) 27 June 2017
1. The case can be filed at Place of marriage or Place of resident of husband or place of resident of wife,
2. Reunion, both should have intention, in your case both does not have intention of Re-union,
a. if she attempted to commit suicide is no ground for divorce of Restitution?
b. leaving the matrimonial home without any reasonable clause is ground for Restitution,
c. what about your side of attempt of reunion, by person or men?
d. you can file case for Restitution only,there is no strong reason for divorce.


If you state/allege her self as mental, you have obtain the Doctor certificate.
T. Kalaiselvan, Advocate (Expert) 27 June 2017
You have stated that she has committed suicide then there can be no case to be filed against the dead person.
If she is alive and it is intolerable for the husband to continue or remain married anymore, then he may decide to file divorce case on the grounds of mental cruelty and her psychiatric mental status.
He should gather evidence for her mental unstableness.
If the marriage took place in Dharbanga, he can file divorce case also in the same place.
Rajendra K Goyal (Expert) 27 June 2017
You can file case at Darbhanga, she can approach Apex Court to get it transferred to Banglore if she wish.
Dhananjay Mishra (Querist) 27 June 2017
She had attempted suicide and told to my brother that she had taken sleeping pills then my brother took her hospital.Now my brother also does not want such type of dangerous lady we ha medical report and flight tickets .please advise
Kumar Doab (Expert) 27 June 2017
Gather irrefutable evidence of such acts.


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