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Preeti (NA)     05 April 2012

Divorce - complicated case

Hello, 

 

My brother's wife has left him and started staying with her parents from last one year. They have a daughter 4 years but she stays with my brother and cared by my parents (Dada, Dadi) since birth.

Now my "Bhabhi" has filled a divorce case by following following process in last one year:

1) She runaway from house on Jan 18, 2011 -> my brother tried to bring her back by talking to her but her parents abused my brother -> her parents didn't allowed my brother to talk to her wife citing various reasons to avoid the call - > the called my brother to return all the goods of my "Bhabhi", like cloth, jewellery etc else they will file a false dowry case and police complaint against our family and spoil his life -> my brother returned all the belongings of my "Bhabhi" in front of society and took a acknolegement of receipt on plain paper with signature of her father, my bhabhi and other representatives from society.

 

2) Immediately after the receipt of the goods they agreed to file a case with mutual concent and forced my brother to also file case with mutual concent in court for divorce. -> My brother refused to give divorce to her wife by mutual concent citing that they have a baby daughter and her childhood and furture will get affected. -> later my bhabhi sent a advocate's notice citing allegation of crual behaviour and domestic violance against my brother and there after they have been continuously blackmailing my brother to file case with mutual concent. -> my brother has refused to giveup to all the blackmailing and refused to file any divorce case ->

3) Now my bhabhi has filed a case agaisnt my brother for divorce (She has done all this by force from her parents and family member as it happen in normal hindu families) 

4) My brother's mother in law and father in law never allowed my brother to speak to her wife and go for councilling to sort the small differences, they also spread false rumor against our family to spoile our reputation.

5) I'm afraid since both of them love each other and have a daugher just 4 years, now what could be the best approach to deal in this matter.

We are afraid of continuous blackmailing done to my brother and family by my "Bhabhi's " parents.

Please advice since my "Bhabhi" is mis-guided and forced by her parents to accept their decision to take divorce.

The main reason for this conflict between my brother and her in laws is mentioned below:

1) My brother told his in laws to not speak lie in front of him.

2) My brother refused to take any goods or money from in laws which they want to give him on different occasion

3) My brother told her mother in law to not mis-guide her wife by calling her againt her.

They have made all these issues a EGO issue and now decided to spoil my brother's life and family at all cost.

Please advice and help!!!!

Thank you

Regards,

Preeti

 

 

 



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     05 April 2012

Dear Ms.Preeti,

Face the divorce case on merits, be prepared for 498A/406/Dowry Cases that they may choose to file, she can also file a case for maintenance. I would definately advise you to contemplate divorce by mutual consent, for it is very difficult to live with a person who does not reciprocate. If you are vehement on staying with her - file a RCR.

1 Like

Never Give Up (Fighter)     05 April 2012

I support Adv Bharat Chugh's view.

 

Your Bhabhi is adult and can think of all pros and cons of the legal actions. If she has made her mind of not staying together its better to part ways peacefully.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 April 2012

I endorse view of Ld. Chugh.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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