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surya kiran (SE)     12 October 2010

Guidance needed - Divorce Urgent

Hi All,

My brother got married 4 years back and have one kid who is 8 months old. His marriage is Love marriage and intercaste as well. For the first 2.5 years there was no interaction from the girl's parents except on the day of their marriage. They didn't accepted the girl to their home and we have accepted them and they stayed seperately for nearly 3 years. Later Kid was born to my bro and then the girls family started coming to our home and they used to take the girl to their home. But they are not sending the girl back , when we call 3-4 times only they are sending her. Now recently her parents took her to their native. But after 3 weeks we call to them they are saying we'll send wait for one more week like that stories. My brother got angry with their behaviour and he used to scold them and one fine day they are saying thet we'll not send our girl and they are saying to get the divorce also they are saying thet their daughter has no interest in coming back since u have scolded my parents. But we have no interest in taking divorce and we are in big dilemma now. They are asking us to bring few elder people and we'll seperate by then. But we dont want to any divorce and we are not ready to for that also.

Pls advice how to proceed on this. Plzz..we want to see our brother , kid and their family happy.

Is it good idea if we go to PS.? we dont know any big shots etc.. plz advice



Learning

 15 Replies

raj kumar ji (LAW STUDENT )     12 October 2010

hi kiran is ,

in this case , both are facing ego problem .this is wrong but we say that the girl was wrong .if his husband permit or allow to go to the limit time the girl agree and return same day .but the girl parents interest in there marriage life which is not good ,if u want to agree to talk with each other and settle there life bcz ............ghar ujadnae mai bada dard hota hai ........

surya kiran (SE)     12 October 2010

Hi Raj,

Many thanks for ur reply..

Yes..we tried to settle the matter. But they are picking up our calls and once they picked the call and they are not ready to listen our voice and they are saying that its better to get divorce and they are asking to bring our elders and divorce can be processed on the same day. They are saying one or two incidents where my brother scolded also hurted the girl's caste feelings ,with these proofs they are sying thet they will get the divorce.

And yes my bro also scolded them bcoz they are not at all ready to send the girl back , insted they are changing the girl;s mind too. My bro also told sorry to them still they are not listening. Now they are not at all picking the call and saying that they know how to get divorce

surya kiran (SE)     12 October 2010

Hi everyone

Plz  advice on how to proceed further on this. Can also reach me on my mobile 9676837555.

1 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     12 October 2010

Dear Autnor,

There are some questions in mind to clear from you. U can call me at 9871158578.

Adv FAMILY COURT Misra (Advocate)     13 October 2010

at this stage it is better to settle the matter with the intervention of elders of both the family. Get a written agreement to stay with. It might be possible that th case may be referred to court.U may contact on my ph 9415042784.


(Guest)

 

 

From the stories ,its clear that her family member do a role to broke that matrimonial life .Her parent are trying to brainwash your  brothers wife.so,don’t condemned wife as her family member are trying to brainwash her mind.

 

Now, your remedy: you said that “But we don’t want to any divorce and we are not ready to for that “First of all try to conciliation the matter between your family members and don’t fight with each other(their family members ) ,if you fight you lost, as the wife  currently favor her parents

If first step fails, file a petition restitution of conjugal rights Hindu Marriage Act, 1955.After filing the case try to conciliation the matter, don’t argue or fight with their parents as your brother  wife is loving the husband as you said that “For the first 2.5 years there was no interaction from the girl's parents except on the day of their marriage.”so, don’t argue or fight  with their parents. I am sure that she will take your side as she spent 2.5 years with their husband. In this don’t aggressive ,be soft , emotional and you win your case easily.

 

Also,If you want to know that RCR petition read the following link that is very helpful to you.

 

https://legal-articles.deysot.com/family-law/restitution-of-conjugal-rights-under-hindu-marriage-act-1956.html

 

https://www.legalserviceindia.com/articles/abol.htm

2 Like

Awni Ranjan (Online Corporate Trainer )     14 October 2010

My advice is to at least go to Kiran Bedi's Court Shows , they are simple, quick and less expensive

surya kiran (SE)     14 October 2010

Hi ..After two days without calling them, Now we got a call from her father asking us to come to their place to discuss the matter. But they are asking us not to come to their home instead discuss outside their town.

Now my question is that is it a good idea to go there along with my brother by beleiving her father words.

What happen if they lodge any false case and put my parents in a jail or by asking us to sign forcefully on divorce papers. Because i heard that through lok adalat the divorce can be processed on the same day.

sivani (engineer)     14 October 2010

Unless there is a genuine reason, no girl's parents want divorce for their daughter.  And it's usually the girl who suffers after divorce so unless their is a genuine reason why would a girl want it too?  So please try to find out the reason and as Mr Vyas said don't be aggressive, be soft, emotional and you will win easily.   If you act aggressive both sides will be the losers and it is only the lawyers who will benefit from both of you that too for years and years to come.  Nothing will be in your control as the lawyers will dictate what to do.

chanakyam (Consultant)     14 October 2010

Hello Sivani,

Your statement "Unless there is a genuine reason, no girl's parents want divorce for their daughter"

is not correct as far as i concerned.  Even why a  man without any reason asks for divorce unless he is mentally retarded or insane.  So we cant judge on the face value.  If go thru facts, then we can understand something.

R JAYARAMAN (Consultant)     15 October 2010

My suggestion in this imbroglio:

1. Don't  show up any emotion; become mentally tough

2. Tell them (Girl's side), if they are interested they can file divorce papers and take the lead

3. Don't allow any one to black mail you.

4. Give time say one week or 10 days for them to file the divorce papers OR (your wife) back to you

5. Nothing happens, file a petition for Restitution of conjugal rights.

6. Don't take lead for divorce

7. Hope for the best and be prepare for the worst. In life things do not move the way one like God is Supreme.

Best wishes

surya kiran (SE)     16 October 2010

Hi we got a call from saying that he is a women protection force CI and the girls parents had

filled 498a ipc case against our family members. trust me its really a false case. Also the guy is asking my brother to come to their place for councelling. Is this correct way to go there?..


(Guest)

just keep trying reconcilation and  all of u go to jail, see wat nonsense these people are advising u. giving u emotional advise instead of legal advise.

legal advise shud be if she can file false 498a on u and ur family file divorce before she can even file 498a . manage IO in her area to inform u beforehand.

practical adv  just change her and get a new whore.

no place for emotions , no place to give family saving a chance, laws are so biased and if ur whore trying to take undue advantage of such a law change the whore.

now a days to safeguard urself and ur family

at the faintest hint that girl side may file a false 498a just file divorce before she files a falser 498a.

these lawyers will not tell u correct facts, as this  498a is their butter.

if she has filed false 498a file divorce on base of cruelty .



(Guest)

now what u can do

contact an expert criminal lawyer also expert in matri cases

and

read following thread by ms avnish kaur ji to teach her a lesson of a lifetime

https://www.lawyersclubindia.com/forum/LAWS-NOT-SO-BIASED-REMEDY-TO-FALSE-498A-24252.asp

join SIFF attend meetings regularly and be a well trained soldier to fight false 498a.

siff can teach u what all learned experts taken together  on this site cannot teach u ( few exceptions)


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