(Querist) 31 March 2008
This query is : Resolved
Dear knowledgeable persons, With due respect I want to inform u about my elder brother “D” and my mother to whom the wife of my elder brother is giving a lot of harassment/tensions. Actually my elder brother ‘D’(belongs to U.P.) got married in Feb. 2007 with a girl of another distt. of U.P. (Arranged marriage) At that time my brother was working in a private sector company in uttarakhand.. took some days leave for marriage purpose. D’s wife was living in D’ s Native place after marriage. Within two or three months ‘D’ made some trips towards home. Then D selected in Railway Deptt. ,Gujarat. Then I came to know that in that couple there is no relationship from beginning. she did not allowed to even touch her to my brother. As more as I know that his wife used to talk on mobile late night by any person. When my brother asked her about it she escaped the matter. Without any cause she was blaming my well cultured brother and my mother about many false matters.. She used to do drama on phone while telephone to her family members and relatives saying that she is suffering from many troubles given by our family( as lie blame about dowry, etc.) As more as I know ---she was not interested in my brother and she did not allowed to even touch her to my brother. Then after 3-4 months of marriage after doing drama type activities,she went to her home side. At there home side she made many blames/ lie stories about her harassment in sasural to her relatives. In July –August (not 100% sure) she came to our home with her Mama ji after a long discussion. But when my brother ‘D’ came to our home, she re-started drama type activities. And called to many of her relatives to make an undue pressure upon us. She was telling repeatedly that she does not want to live here. Then her relatives returned back with her.
Near about Diwali ( about Nov. 2007) my brother and our some gentle relatives after a polite discussion on phone from her, went to bring her at our home. But when they reached there, she started again drama type unexpected activities and refused to go with them. Whole night our side relatives made humble request to her but she denied. My brother returned back to my home(U.P.), then went to Gujarat where his training was going on. After a long discussion on phone her relatives with her went directly to Gujarat. Then they called my brother alone at the hotel where they stayed. When my brother reached there, after dinner with polite discussion , as soon as my brother reached at his wife’s room, she cried and called her relatives and blamed my brother that he is beating her and trying to kill her. She was weeping dramatically. And her side relatives abused my brother. My Brother could not understand their Pre-planning. My brother then telephone to our relatives and at our home. Our family members became very tensed about my brother As it was a night time and my brother was alone there. Then D’s wife returned to her home in U.P. with her relatives and still there. Actually I (D’ s younger brother) from his marriage time, living in Delhi, doing my training here. So it was the matter which I got know on phone. It was the matter that as much as I know. Not sure but it seems that D’s wife is due to any reason (may be of her love with another person or blackmailing or another, not sure) is trying to live apart and at only her home side. Right now the situation is that she(D’s wife) is trying to blame my mother and brother and other family members. And doing all type of activities to do emotionally black mail to her relatives. She is blaming about my brother and mother about demand of a huge amount of dowry. And saying to all that my mother and brother (D) gave her many mental and physical harassment. It seems that D’s wife side intention is to torture D and his family members and take money as much as possible. And it seems she is not ready to mutual consent divorce. It also seems that bride side has not take
RAKHI BUDHIRAJA ADVOCATE
(Expert) 31 March 2008
First of all tell me whether she had filed any complaint with any police station or crime against women cell or not. IIndly, your brother must file a matriminial case under section 9 HMA for the restitution of cinjugal rights, to resettle his married life, whether he wants to resettle or not. If he files the present case-then the clear result would come before the you, in the Court what she wanted. If she is interested to resettled the married life then she would come if she doesn't then the present case would be a safe guard if she files a criminal complaint against all of you. NOTE-explain the facts that the marriage has not been consumated till date from the part of the wife as she never allowed her husband to touch herself even for a single time. Prior to this debar your brother from the property(only in documents) so that his wife couldn't claim property rights.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 31 March 2008
You can also write to the SHO of concerned Police Station where you & your family is residing as well as the SHO of Police Station where D's wife is residing explaining all the facts and explaining that she can induldge to all of you in unwanted, false criminal litigations. If you want to contact me - 9871158578, Delhi
(Expert) 17 April 2008
It is better to opt for a divorce by mutual consent.
(Querist) 18 May 2008
Dear rakhiji, please write me the way to know that the bride side has complained in any women cell or Police stn. What will be the consequences if they have complained. What is the way to get divorce by mutual consent. I will call u, so please again read the matter. Thanks
(Expert) 23 May 2008
Mutual consent means that you both want to get divorced. If the complaint is false and frivolous and you have proper evidence against ti, file a suit under sec 482 of crpc to the HC.
(Expert) 13 March 2009
PL contact- 9871158578,no other way pl.
(Expert) 02 April 2009
i agree with my ld. friends