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Y RAJYALAKSHMI (---)     30 May 2013

Divorce

Hi,

 

I brother is married 4 year ago.  After the marriage rituals are completed, his inlawas have not sent their daughter to our house (as per the practice)  My brother had sent many mails and made phone calls which were never answered.  Many of our family friends and relatives have tried to communicate with them but even they could not meet the girl.   My father had wrote letters to send the girl or atleast inform the reason for not sending their daughter but no reply.

We have approached marriage council (WPC) but his wife is not  coming there also.

What is to be done now?

 



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     30 May 2013

If you want to try legally to bring her back then, ask your brother to file a petition for Restitution of Conjugal Rights in the court

If he wants divorce, then file for divorce on the ground of desertion. If she does not come there also  your brother will get an ex parte decree.

1 Like

HIRAL THAKKAR (ADVOCATE )     30 May 2013

Adv Archana has vividly elaborated.


(Guest)

@Querist,

 

1.I differ to the opinion expressed by Ld. Member Adv. Archana.RCR won't help you in this case.You don't know whether your wife is willing to come to you and your in-laws keeps her confined to home Or it's your wife wish to not to come to you Or any other unwelcome possiblities.

 

2.I strongly advise you to file a WRIT for Habeas Corpus in the High Court of Respective State.

 

Further...(If need so arises)

 

Note-This reply should be taken as per the declaration given in  my profile page.

 

Thanks,

Regards,

SUNIL (DOCUMENTATION EXECUTIVE)     30 May 2013

if she denied in court that she don't want to come back then WRIT for Habeas Corpus in the High Court of Respective State. is wastage of time

your reply 


(Guest)

@Sunil,

 

1.Probably,you keep your mind closed before you reply to anyone.

 

2.If she appears in the court and say something,then why in first place the querist needs to file any WRIT.The writ for habeas corpus will ensure that she,on her wish without any force,doesn't want to live with her husband.

 

3.The querist concern is that he hasn't heard of her wife and not even a single reply he got from her.The querist even doesn't know where her wife is.

 

4.How can any court allow ex-parte decree unless the court satisfies itself that the person in question is even willing to do so.

 

5.The argument of Desertion works only if the husband has the knowledge(the word knowledge can only be best understood by legal fratenity)that her wife deserted her only after living with him no matter even for a short while.Here,after the ritual,the wife was not heard of,therefore,cannot be said to desert her husband.

 

Anyway,it depends upon the querist which way he wants to go.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

[Last reply to this thread]

 

Thanks,

Regards,

Adv k . mahesh (advocate)     31 May 2013

here you have not mentioned since marriage she has not came to your brother house or after coming to your home she left to her parental house

the full information you have not provided and no one can give you the correct responsive answers 

only the above answers are based on the some lines you had given 

thus have you harassed her or some misunderstandings between your brothe or her wife 

what there in laws are saying you have not mentioned why they are not sending is a bigh question in this query because your friends and relatives have approached them but without answer they came back 


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