Family dispute
Anitha More
(Querist) 15 June 2018
This query is : Resolved
sir, brother got married last year, but unfortunetly he suffered by chicken pox within 3to 4 days afer marriage, due which cohabitation was not conducted , and the bride was adviced to keep away from grooms for 2to 3 month til the grooms gets well, but bride was misguided by her parents and relative due which there raised problems for family dispute,bride had left the matimonial home even after advisindg not to go back. councelling was done by elders and other relatives too..bride had approached ngo for women for divorce...and more over she trying to file dowery case on false agligation as there was no demand for money or other thing at marriage. camn i file a caveat or let me know any other remedy.
ANITHA MORE.
Vijay Raj Mahajan
(Expert) 15 June 2018
There is no way any caveat can be filled in such case unless there is a move by the woman in any court, more over if she moves for any relief to any court or approach any authority, prior notice will be sent to the husband to reply her charges, so need to worry on this account.
As far the woman seeking dissolution of marriage, let this be agreed upon rather pushing for continuation of marriage which did not work out from the initial days itself. As far the illness etc of husband is concerned that was not real ground for the breaking up of the marriage so don't make that as excuse, fact remains the marriage is broken down and let this be agreed by both for divorce by mutual consent. All issues of return of Istridhan, alimony to wife, if any, etc. be worked out and the joint petition for divorce by both should be moved for dissolution of the marriage.
Kumar Doab
(Expert) 15 June 2018
If spouse has decided to file for divorce despite intervention by elders and all efforts have failed then other spouse can consent for divorce.
False allegations may not sustain in courts.
Chicken pox that is very much curable may not sustain as any ground for divorce.
If both parties settle for MCD then elders from both sides and their own LOCAL senior counsels of unshakable repute and integrity specializing in Family matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..can guide and help… to settle all T&C close the matter by MCD.
The disputes can be avoided by perspective of MCD.
