Sincere request for urgent help
Guest
(Querist) 04 April 2018
This query is : Resolved
Dear all respected experts, i humbly request to give a few minutes to this real life case and tender your kind opinion please, being very precise i mention this -
Guest
(Expert) 04 April 2018
Only your brother ( the lady's husband ) should realize it and you request him to settle separate with humble and polite pleading with his wife... Once they both had left your family could be peaceful. Or if it is a Rented house where you stay better you shift the house leaving those two.You should handle this Pleasantly and Peacefully and in a Soft Manner and any Harsh behavior from your side would land you in more trouble like she making Police Complaints etc. Handle it carefully.
Guest
(Querist) 05 April 2018
Sincere thanks to you sir Mr. Rajkumar, but sir all efforts to settle things peacefully have failed time and again. moreover, the brother has some stomach disease because of which he cant live seperately he works in a priavte firm from morning 8 to 11 till night and it is only my mother who cooks some doctor recommended food and this girl does not even do this, kindly suggest further. earlier he was posted outside there his condition worsened as nobody took care of food etc and disease aggravated. but now his condition is improving in joint family.
Guest
(Expert) 05 April 2018
@ Mr. Choudhry,
Nothing can be done, when wife of a person becomes insincere towards her husband. Law cannot compel her to be sincere. Contrarily, if you start teasing her and try to remind her about her moral responsibilities, she would get herself armed with legal provisions to teach all of you lesson for that by filing a domestic violence case against one and all, even if none of you would have spoken a single word against her.
What cannot be cured, must be endured. Otherwise, the only way for your brother is to get divorce from her. But even for that purpose, he should be ready to part with a sumptuous amount as maintenance charges for her.
Guest
(Expert) 05 April 2018
Of course, law can help breaking relations very easily. That cannot compel anyone to maintain mutual trust and belief between each other. That is its main drawback.
Let her find some job. That way divorce can become somewhat easy and less penalising in the shape of maintenance charges.
Guest
(Querist) 05 April 2018
thanks to experts for responding. it is anxious to c that law is so terrorizing on the right person. but then should we simply be left at this moron person's sweetwill and keep suffering till the last breath? how unfair the niceties of law are. i heard that in such cases parents especially mother can file case against such inept daughter in law . any recourse just any possible recourse pls. its just unbearable.
any preemptive legal strategy.???
Guest
(Expert) 05 April 2018
It seems, you also prefer some pleasing words from the experts to soothe you for the time being and prove you very dearly in the long run. In fact, you don't have any solid ground to thrust your mother in to litigation against the wife of your brother. However, if you are also ready to bear with the rigors of the counter court cases, you may do so. Nobody will have any objection, as waste of time and money will be of yours and your family, besides mental torture for years together for the whole of the family.
Better take help of relatives and family friends of both the sides. But still, you may better know that you or your mother won't be able to do anything at your own, when your own brother, who made love marriage, does not take any initiative at his own level. You and your mother stand nowhere in between your brother and his wife, so far their marital life is concerned.
Guest
(Querist) 05 April 2018
Thanks very much dhingra sir and all for opining.
totally agreed that brother shud be proactive in this.
Can there be any change in scenario once the 7 year period ends, as the statutory presumption dies by then. 4 years have passed in struggle. i came to know of "498a and allied provisions" for which recently sc has stayed immediate arrest as well and arrests possible only after fair inquiry. Is it necessary to record the inhouse happenings these days which would strengthen our case, if any. or any other measure ,what it can be .
We cant instittute case and only be a respondent i think as the law is silent to help on our part. experts also suggested the same i think. or essentially what can be the clinching evidence from my side ?
Guest
(Expert) 05 April 2018
No use in discussing in piece meals. Better discuss at length the whole episode with some local lawyer. Otherwise, there would be no end of your supplementary questions after questions on every point.
Guest
(Expert) 05 April 2018
Case under section 498A can be initiated any time during the life of a married lady. No time limit. For detailed discussion, you should approach some local lawyer with instances of untoward events, if there be any.
