Divorce
Aarti
(Querist) 07 June 2018
This query is : Resolved
My brother and his wife are living together from the last 7 years. They have a son from this marriage who is 5 years old.
Now my sister in law (bhabhi) wants to get separate because my brother consume alcohol and she doesn't want to live with him now.
I need few clarification
1. Can she claim compensation from my brother? Background - my brother comes under the economically weaker section (EWS). Wife is not working presently. Son is also enrolled in a reputed school under EWS category
2. Can she claim anything from her in laws property? Background - my parents are alive and legally there is nothing assigned to any children.
3. Which divorce is less time consuming? Mutual consent or the other?
My bhabhi keeps on threatening my brother that she will ruin him in the court. We belong to a very decent family and parents has earned a very good status in the relatives and society. She knows some of the tactics of law as her sister also took divorce few years back from her husband on the same grounds (alcohol)
Someone pls guide us.
Ms.Usha Kapoor
(Expert) 07 June 2018
If your brother is addicted to alcohol it would be a nightmare for all of you. Let Your brother and his wife apply for Divorce byMutual consent which will be issued maximum within 6 months.If your sister is qualified she can get gainful employment. You all give her moral and material support to her to acquire some Job skills. Of course your brother has to pay lump sum 1 time payment alimony to her and custody of children which y0u can enter in a separate legal agreement along with MCD.In case your brother or sister doesn't agree for MCD your brother can go for contested divorce. He doesn't have many grounds except cruelty of his wife to fight on.
Sudhir Kumar, Advocate
(Expert) 07 June 2018
I tend to agree with views of Ms Kapoor which I believe will not be acted upon. A person addicted to wine generally doe snot appreciate peaceful negotiation particularly when he is emotionally supported by his family (which is apparent from your post). It appears from your post that the lady has tried to adjust all the years.
Sudhir Kumar, Advocate
(Expert) 07 June 2018
I tend to agree with views of Ms Kapoor which I believe will not be acted upon. A person addicted to wine generally doe snot appreciate peaceful negotiation particularly when he is emotionally supported by his family (which is apparent from your post). It appears from your post that the lady has tried to adjust all the years.
Sudhir Kumar, Advocate
(Expert) 07 June 2018
now your questions are analysed as under :-
1. Can she claim compensation from my brother? Background - my brother comes under the economically weaker section (EWS).
WHY NOT. FROM WHOM SHE CAN CLAIM.
Wife is not working presently.
STILL SHE CAN CLAIM MAINTENANCE.
Son is also enrolled in a reputed school under EWS category
NOT RELEVANT YOU NOWHERE STATED WHETHER YOUR BROTHER IS ACTUALLY EWS
2. Can she claim anything from her in laws property?
YES AFTER DEATH OF YOUR BROTHER SHE CAN
Background - my parents are alive and legally there is nothing assigned to any children.
NOT RELEVANT
3. Which divorce is less time consuming? Mutual consent or the other?
MUTUAL DIVORCE IS LESS TIME CONSUMING WHICH YOUR BROTHER WILL NOT AGREE,
My bhabhi keeps on threatening my brother that she will ruin him in the court.
SHE MUST HAVE DONE LONG BACK.
We belong to a very decent family and parents
DECENCY WITH A DRUNKARD SON WHOSE WIFE CANNOT COPE UP IS THINK OF HISTORY NOW
has earned a very good status in the relatives and society.
WITH THE ATTITUDE OF YOUR BROTHER THIS SOCIAL REPUTATION IS ALSO ON STAKE. THIS REPUTATION DOES NOT GIVE ANY HUSBAND A LICENSE TO TORTURE HIS WIFE.
She knows some of the tactics of law as her sister also took divorce few years back from her husband on the same grounds (alcohol) Someone pls guide us.
IF EXPERIENCE OF LIFE HAS TAUGHT HER HOW TO FIGHT AGAINST INJUSTICE AND MALTREATMENT THEN SHE IS NOT TO BLAME.
SHE IS TO BLAME FOR NOT ACTING UPON EARLIER.
Guest
(Expert) 07 June 2018
Well prepared academic question. But, you have created elements of controversy, when you say you belong to a decent family, but despite your brother belonging to EWS category consumes alcohol. But still his son is enrolled in a reputed school. So, if he spends his earnings in consuming alcohol, how he can be expected to meet with the expenditure of day to day living of the family, more particularly the expenses pertaining to a reputed school. Fee of the school can be concessional but other overheads pertaining to his education can be sumptuous.
However, if your question pertainst ot some real problem and you belong to a decent family, what efforts your family has made to bring your brother towards decency by leaving his habit of drinking?
Mind it divorce is not the solution for good and peaceful living or to enhance decency of the family. Yours and your family's duty is to ensure a humble patch up between your brother and your bhabhi by pursuing your brother to give up his drinking habit.
However, if you are in favour of divorce, your brother will have to essentially give sumptuous maintenance charges for your bhabhi and his son regularly on monthly basis. If he fails to pay the maintenance charges, he will land in jail to add glory to the decency of your family. He will forget drinking forever.
Rest depends upon the wisdom of your family, whether to do some constructive job or to take advice of some negative minded persons.
Guest
(Expert) 07 June 2018
Well prepared academic question. But, you have created elements of controversy, when you say you belong to a decent family, but despite your brother belonging to EWS category consumes alcohol. But still his son is enrolled in a reputed school. So, if he spends his earnings in consuming alcohol, how he can be expected to meet with the expenditure of day to day living of the family, more particularly the expenses pertaining to a reputed school. Fee of the school can be concessional but other overheads pertaining to his education can be sumptuous.
However, if your question pertainst ot some real problem and you belong to a decent family, what efforts your family has made to bring your brother towards decency by leaving his habit of drinking?
Mind it divorce is not the solution for good and peaceful living or to enhance decency of the family. Yours and your family's duty is to ensure a humble patch up between your brother and your bhabhi by pursuing your brother to give up his drinking habit.
However, if you are in favour of divorce, your brother will have to essentially give sumptuous maintenance charges for your bhabhi and his son regularly on monthly basis. If he fails to pay the maintenance charges, he will land in jail to add glory to the decency of your family. He will forget drinking forever.
Rest depends upon the wisdom of your family, whether to do some constructive job or to take advice of some negative minded persons.
Guest
(Expert) 07 June 2018
Well prepared academic question. But, you have created elements of controversy, when you say you belong to a decent family, but despite your brother belonging to EWS category consumes alcohol. But still his son is enrolled in a reputed school. So, if he spends his earnings in consuming alcohol, how he can be expected to meet with the expenditure of day to day living of the family, more particularly the expenses pertaining to a reputed school. Fee of the school can be concessional but other overheads pertaining to his education can be sumptuous.
However, if your question pertainst ot some real problem and you belong to a decent family, what efforts your family has made to bring your brother towards decency by leaving his habit of drinking?
Mind it divorce is not the solution for good and peaceful living or to enhance decency of the family. Yours and your family's duty is to ensure a humble patch up between your brother and your bhabhi by pursuing your brother to give up his drinking habit.
However, if you are in favour of divorce, your brother will have to essentially give sumptuous maintenance charges for your bhabhi and his son regularly on monthly basis. If he fails to pay the maintenance charges, he will land in jail to add glory to the decency of your family. He will forget drinking forever.
Rest depends upon the wisdom of your family, whether to do some constructive job or to take advice of some negative minded persons.
Vijay Raj Mahajan
(Expert) 07 June 2018
1. The husband is supposed to provide the maintenance for unemployed wife and minor child that will include his schooling expenses.
2. The right of the wife doesn't exists in the property of Family and even that of the husband. The right or share of the minor child exists in the ancestral family property. The property of the family in question if is not ancestral in nature but self acquired the minor child will not be having the right or she in the property during the lifetime of the persons (grandparents) to whom the property belongs.
3. The most expedite way to get divorce is by mutual consent where both parties agree for the same after settling all terms and conditions for dissolving their marriage by decree of divorce. After the Supreme Court judgment in Amardeep Singh vs Harveen Kaur case of 2017 [ https://www.supremecourt.gov.in/supremecourt/2017/22782/22782_2017_Judgement_12-Sep-2017.pdf ] the waiting period of 6 months can be condoned by the Family Court itself and immediate divorce can be obtained within a period of a week or 10days time period.
Guest
(Expert) 07 June 2018
Request your sister in law file a suit for Maintenance first and certainly the Court would order for interim maintenance for the wife and child. irrespective of whether your brother is employed or not.
Guest
(Expert) 07 June 2018
You say your brother is alcoholic and his family had left him for that reason.. just say are your family is joyful and peaceful keeping your alcoholic brother in your house..
Guest
(Expert) 07 June 2018
Remember minimum totally Rs 8000/- would be ordered for interim maintenance Rs 4000/ for the wife and Rs 4000/- for the child irrespective of employment and if he is employed and if it is proved in the court the maintenance could increase.
Guest
(Expert) 07 June 2018
If you are a lady and sorry to say if your husband is a drunkard like your brother what would be your reaction.
Guest
(Expert) 07 June 2018
Better admit your brother in a good Rehabilitation Centre at least for the sake of your brother's child.
Guest
(Expert) 07 June 2018
Any default in paying maintenance or interim maintenance ordered by court could land your brother in jail. by an good advocate of your sister in law please.
Guest
(Expert) 07 June 2018
You have not stated whether your sister in law also wants divorce or not. Want to get separate does not mean she wants divorce. Even by living separately without divorce, she can claim maintenance.
Guest
(Expert) 07 June 2018
If she is not willing to give divorce, no question would arise for mutual consent divorce. Even contested divorce on behalf of your brother may not easily be possible to be imposed on her.
Also think about the EWS conditions of your brother, would he be able to meet with the expenses of court trials to continue for years together? Besides, if any decision is tried to be imposed on your sister in law, your brother and your decent family may get ready for domestic violence case from her against all of you to be fought separately. That may add further glory to your decent family.
Aarti
(Querist) 07 June 2018
When I say my brother drinks that doesn't mean that he is a drunkard.... He drinks occasionally and even after drinking he doesn't use any abusive language or do any domestic violence... I think people who commented above has taken into the wrong way. He drinks in fruatration of the the behaviour of my bhabhi as she doesn't talk to him properly. Moreover, she has full sympathy of my father for which she takes unusual advantage... She knows very well how to manipulate my father.
Moreover my bhabhi keep the child away from my brother by putting wrong things in the mind of a child about my brother. So the son hardly spend any time with his father.
P. Venu
(Expert) 07 June 2018
The facts posted suggest that you are prone to meddle too much in the family life of your brother and his wife. Let them live the life of their own and work out solution to discords, if any.
rajeev sharma
(Expert) 07 June 2018
if your brother drink occasionally and even after drinking does not misbehave use abusive language or do domestic violence then why his wife misbehave ? What is his frustration? Why your father is more sympathetic to your Bhabhi than his son? All these facts are unanswered. One humble suggestion instead of seeking legal advise held talk with your father brother and Bhabhi.You are worried about reputation of your family and settlement in family is the only way to save that .If your Bhabhi does not agree for a contested divorce.
Sudhir Kumar, Advocate
(Expert) 07 June 2018
agreed with each on liner post of Mr Narasimha.
Each one sentence calls of special attention.
Ms.Usha Kapoor
(Expert) 08 June 2018
I stick to the same view as above.
