I'm seeking legal advice for divorce. I live in UK but my parents and brother live in India and I wish to gain knowledge on these matters for family reasons. I think if i get correct and accurate information here, it'll be helpful for my parents who deal with only a couple of lawyers back in the city and may get limited information. To give perspective, this is regarding my brother who wishes to get a divorce from his wife. I'l give the story and then ask my question.
My brother married his long term gf almost 2.5 yrs ago, my parents were never in the favour of the girl as they could foresee she's not right for many reasons, nevertheless, they accepted her with love and respect after my brother married her against my parents wishes initially.
from day one, she was unlike a traditional bride and daughter-in-law. in her family... her dad, brother passed away at diff times in freak accidents and her elder sister who wa married n had a son died due to illness. so, it was only her mum n her in the immediate family, then other relatives. also, she has some mental health issues which she used to her advantage always and very cunningly.
anyway, as time flew the relationship between my brother (who loved her to bits) and her grew strained as she was unable to behave like a wife. a daughter- in-law and a mother (she gave birth to a baby boy in the first year)...she could not take care of the baby and the baby was most times looked after by either her mother, my mother or myself when I was visiting home. my brother is in the Army and he was initially staying on his own where he was posted and she stressed on staying at her mother's to groom the baby as she was clearly not comfortable staying with her in-laws even though my parents were really nice to her and put up with her misbehaviour and disregard for evyone...they wanted to take care of their grandson too.
sometime after, my brother asked her to join him, she did but with her mother who wud still take care of the kid like a nanny. the wife used to just create scene at home which my brother was facing going to and comin back from work... she didn't have any specific issue or complaints...she just created negativity and disrespected my brother, hit him, shouted at him infront of his sub-ordinates from work.
finally, when it was beyond him...he approached my parents saying he wants a separation and that she has hurt him a lot with her behaviour. my parents tried to approach her mom and even tho she knew her daughter was wrong, she did not go against her and blamed my brother. meanwhile, the baby was growin up in such bad atmosphere and she knew tht my parents loved the kid so she stopped letting them meet the kid to torture them during separation. my brother started living on his own busy with his life in the army.
now months have passed and the evil in her has risen cause now she has filed a maintenance case and she has put complaints in the women's cell for dowry, domestic violation and the like. The thing is, there was no dowry, no domestic violation ever. my brother married her in a filmy style in a temple without telling my parents and even after marriage, there was never a real wedding ceremony at home. my parents accepted her as it is.
my parents did not want involvement of my brother as it would damage his career in the army even if he goes to jail once and comes out on bail, so they keep him at bay and avoid him getting too many leaves to come home. so my dad and mum are at the forefront of this and have hired a lawyer, who advices them. so far, they have tried to negotiate in the women's cell but the Police is desperate to a get a piece of cake too, they talk about doing an out of court settlement as they also want to get fed in this transaction. the lawyer has advised my parents to avoid the maintenance case court hearing by showing as not present at home. SO THAT'S THE STAGE OF THE MAINTENANCE CASE. they haven't been to a court hearing yet and when I ask why don't they just go and deal with it, from what the lawyer has told them...they say it'll be a big mess and she'll drag it...they don't want to get in the chakkar of court.
now the situation of the complaints in women's cell initially was that she agreed to settle by accepting Rs 1 crore and not take the cases further in court. The police are also in facour of it, my parents are like we'll have to do it to get rid of this problem once and for all but then she has filed a maintenance case too. she wants this 1 crore so she doesn't file other false cases, but on top of that she wants regular maintenance too. she claims that she will have a portion of every asset that my brother has over and above his salary and any that he acquires in the future too!!!! IS THAT POSSIBLE?? does a man have to pay a share of every asset he buys even after he gets a divorce???
Some months ago, when the situation was this, she started making phone calls to my parents luring them with talking to their grandson, initially dad totally avoided but then she started insistin on paying visit at home on my parents' birthdays or a festival with her son so my parents could play with grandson...dad was hesitant but they let her and she did this a few times...she would come with her mother and bring her son...while my parents played with the grandson, she would sit and talk about the situation and talk rudely and blame my brother and threaten sometimes...so my parents were like...wht the hell do you come here for using your kid as a way to talk to us.... the lawyer told dad to totally stop her from coming and avoding her calls and stuff... gradually, she started saying she'll withdraw the complaint and she did but the police did not inform my parents as they wanted it to get dragged and they told her that even if she withdrew, if later she wanted to reopen it, she could.!!!! is the POLICE for helping people resolve matters or for bl**dy sucking the last drop of blood from victims!!!! this is shameful....
anyway, when my parents got to know that she withdrew, they just lay low for a while, trying to work out a way for the maintenance case.... then she came round saying, she only withdrew cause she thought they would accept her back in the family and my parents were like, we never said that. so what I've heard is that she threatened to reopen it. my parents have tried to approach her relatives to put some sense in her time and again but they said she has cut off ties from eveyone and doesn't listen to anyone. they say, her mother n her have lost it....
my family is facing three enemies:
- The girl (who is supported by weak and ridiculous law)
- the Police (who wants to increase the drama and sufference for their vested interests)
- The law - which is sooo F@##*d up!!
Pardon the long story but once I put the issue out on the forum, I don't have to drop information in bits and pieces and can expect accurate guidance after one reads this.
I am aware our law favours the girl no matter what, but I my level of frustration is so high and seeing my parents suffer at the hands of rich spoilt woman (yeah, she is from a stinkingly rich family and she has all the time in the world)... she can feed people to drag this case and have her play time. her mental health issues that my parents are aware of, how do they prove that?
I need HELP!! A LOT OF DESTRESSED SOULS HERE NEED HELP...the insane number of posts here call for a BIG CHANGE IN THE LAW
is there anyone who can help with how to deal with this???