reetika (Test) 17 May 2015

Divorce case in case of fleeing wife

Hello experts,

My brother got married in Nov. 2012. In Mar 2014, he disclosed to the family that his marital life is not going good and his wife has been continuously refusing to him for physical relations from the very first day. she accepted that she was having affair with some other person and that marriage was forcefully done by her parents. At that time after interventions of his in-laws, she agreed to live properly with my brother. On mid June 2014 she came back to house . on feb 2015 we came to know about her being pregnant. But suddenly on 29th Apr 2015, when my brother came back from office, she was missing from the house with all the valuable items(Jewellary worth 1.5 Lacs, Dell Laptop and many household related articles). my brother immediately lodged a FIR in local police station. Now that girl's family is threatening to our family and my brother of deadly consequences and all.

My question here is

1) giving the situation, how soon we can lodge for a divorce case in court.

2) What will be the role of family of that girl in the divorce case. Will court ask for their permission to grant dovorce to my brother.

3) Also in given situation, if she somehow comes back, can she and her family still file a dowry case against my brother and family. And in such case can police immediately arrest my brother?

I want a sincere suggestion here which can prevent my brother's life being spoiled.

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7 Replies

Laxmi Kant Joshi (Advocate ) 17 May 2015

1.your brother can file divorce case at any time on the ground of mental cruelty. 2. It will be a contested divorce, court issues summons to them (girls side)for hearing their part, 3. Yes she can alleged your brother and other family members harassing for dowry but she have to prove it .

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Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 17 May 2015

Dear Mam,

Do your brother know with whom she has extra-marital relationship (I mean name of that person), try trace him and get to know where is she ....File a compliant of her being missing to be on a safer side that she went herself and we have nothing to do with her being missing.

Better ask your husband to speak to her parents and record all the negative things or threat they keep giving to your brother despite the fact that your brother was the actual sufferor.

Yes he can file a divorce on the ground of cruelty and adultrous relationship ....

Warm Regrads

Kapil Chandna Advocate

9899011450

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saravanan s (legal advisor) 17 May 2015

divorce can be filed anytime but do it as soon as possible for if you file divorce after she files 498a or dv it will considered as done in retaliation to her cases.

the parents of the girl might give their statements but the court dont need their permission as such to grant divorce.

she might file dowry case or any other case but there wont be immediate arrests in 498a case.refer to the supreme court guidelines regarding arrests where it is instructed that police cant arrest someone mechanically.as far as dv and dp cases are concerned there wont be any arrests

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reetika (Test) 18 May 2015

Hello Experts,

@Saravanan, Kapil, Laxmi kant: Sir We have consulted with many advocates, and they have suggested like we should wait 5-6 months before filing for a divorce case. It will give weightage to our case. They are saying if we file immediately for a divorce, that may go against us on the ground that why we are so eager to get divorce. As her parents have given their statement of murder charges and dowry demand on the FIR which we have lodged on the local police station.

Also if she is missing can her parents file for a dowry case (498A) in her absence?

Also just for information, my hometown is Kanpur where our family lives and my brother lives in Jaipur where he works. She went missing from jaipur and FIR is lodged in local PS in jaipur.

Please suggest on the given light.

Nithya (teacher) 18 May 2015

Good evening sir

My name is nithya from hosur.I got married in 2009. which is registered in salem.I would like to ask you one thing. Me and my husband is living together now but we donot have any physical contact for the past one month. He has a doubt in me and my character. I don't like to live with him. so i ask him to give divorse but he is not accepting that and one more thing already he is in a problem of cheeting case which is filed in karur district. How long can i wait to get divorse. Is there any way two get easier divorse.He is torchering me physically. i cannot bare that. Please explain me how to get divorse soon.