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As guardian which cases we have to face if he wants divorce

(Querist) 09 April 2019 This query is : Resolved 
Hi,
I have younger brother and as guardian I took all the responsibilities for his marriage. 6 months post his marriage, he decided to get divorce. Which all cases his wife can file on us, any cases demand to go to jail & any cases impact my professional job?.
Can any case stop my on-sight trip to other countries?
Thanks,
Surender.
Vijay Raj Mahajan (Expert) 09 April 2019
Your brother is more than 21 years old so he doesn't require any guardian at his age.
As far early decision of divorce within 6 months of marriage doesn't make him eligible for presenting petition for divorce in the Family Court, rather the court will not entertain his divorce petition within one year of marriage.
Even in exceptional case the permission of the court required for entertaining such petition.
As far filling cases by wife against him and other family members, these can be many, namely, criminal complaint u/s498a,406IPC, domestic violence, maintenance u/s125 CrPC etc.
Surender (Querist) 10 April 2019
Thank you Sir.

We are living separately since my marriage. Because of the blood relationship, will I have to face any case if she files against us?.

Please clarify below questions as well,
Can any case demand us to go to jail?
Can any case impact my professional job?
Can any case stop my on-sight trip to other countries?

Thanks,
Surender.
Vijay Raj Mahajan (Expert) 10 April 2019
Unless the actual case or complaint filled by the wife, no assumption or presumption made. You have to travel out of India do it unless there any stay granted by the court. It's basically his problem with his wife and you are not involved in it as you're not living in domestic relationship with his wife nor in same shared household, that will involve you in the criminal complaint for cruelty or domestic violence.
Surender (Querist) 10 April 2019
Thanks for the clarification sir.
Raj Kumar Makkad (Expert) 07 January 2020
There is no scope of assumptions and presumptions. As on day no such case has been filed by the wife of your brother.
Raj Kumar Makkad (Expert) 07 January 2020
If any case is filed by the wife of your brother, you may post the actual query, how to respond.


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