Help in getting divorce

Dear querist,

Iam not Ma'aam but I can feel your situation and the tense moments through which your parents and brother are going on.

As per your querry it is not clear that your brother want to live with her or not?

You have only stated the trauma and your middle class family unable to pay MCD amount but no stingent action after her false allegations taken by your brother.Wheteher he want's to continue this adamant relationship or just want to get rid off her?

Opinions if he wanted to continue the one sided relationship:

1. Tell him to go to her place,ask him to bow down and say sorry to whatever she persists.

 

2. Write a written bond that whatever she will say i will do.

 

3. If all the above also not goes then file sec-9,but then also no gurantee as there is super natural power other than god to make her cohabbit with your brother.

 

4. Tell your brother to do saath Somvari Vrat,Karva Chauth Vrat,Patni Vrata Vrat etc. don't loose hope also visit some Fake Baba's who will give Chamatkari Powder and Taveez.

Opinion If your Brother want to get rid off her in the absence of such huge amount of settlement.

 

1. Ask your mother and father on whomsoever name the The residence is to file Civil suite on her on Injunction first.

 

2. Ask your brother to file Divorce on the basis of mental cruelity and desertion without any reason.

 

3. Ask your mother and father to enjoy their Senior citizen life without taking any tension.Just relax as India is facing this acute marriage deficiency syndrome in every 3 out of 4 homes.

 

4. Ask your brother to collect evidences that support her mental cruelity of desertion and ill treatment by her to you and his parents.

 

5. Give a NC in nearest Police station about her willing gone away to her parents house from such and such date... for your record purpose that will support your divorce case.

 

6. When ever a call or any messages comes from their parents or from her just record all and keep in original media.Later you have to create transcrips to submit at evidence stage.

 

7. Ask your Brother to be men and just shed all the emotions and love via flush......I hope what you could understand what I want to say.

 

8. Let the litigation follows it's own time frame,don't ever afraid of falses cases by them,just wish that they file cases.

 

9. The day on which they will file false cases think you have won your 75 % battle without any hardship as remaining 25% goes only to proove them malicious and cooked stories.

 

10. Just wait for the few months when they will automatically come for MCD with Huge Stcok clear sale discount i.e 50-70%.

Best of luck.

 

Regards,

A sufferer..

Pls prepare ur self And family for false domestic voilence and dowry related cases...but dont worry get in touch with save indian family foundation/sahodar/save family foundation chapters in your city info available on internet u can call me at 9711259959

If you want a peaceful life for your brother and parents, agree for divorce by paying whatever you can. Marry brother again. If you delay, girls side may file false cases..

@Dr.jyoti SIR/MAM,what are you suggesting,for peaceful life give whatever money they have demanded or else they will file false cases,are you giving suggestion or making them/supporting them to part of legal extortion?

I am suggesting better pay back whatever you recieved in marriage. You have to pay any expenses incurred by the girls side if marriage performed by them. Choice is yours. You want life long headache or you want to continue kirkiri with them... 

Better pay what expenses they incurred in marriage and get rid of such people than dragging the matter. parents are old. They need peace of mind.

yes,sir/mam that was my concern if the money asked for mcd is not under their reach then how could one give such huge amount? do party has to take Loan or sale his belongings? If they are agree on genuine amount then MCD take place if not then Do one has to accept all the terms and conditions or else fight for the truth?My only concern is to never give up on wrong settlements.

If you are stating the whole truth and nothing but the truth, and that is a BIG IF, then I would like to advise:

1. Do not pay a dime to her.  

2. Do not file for divorce as yet. Just keep sending letters in writing, by registered mail, asking her to forget the past and come back.  Pretend that you are willing to forget all insults, etc. Keep track of all these letters.

3. When more than two years pass by after she left the house, then file for divorce based upon desertion by her and possibly mental cruelty. All your previous written correspondence will help. Like the suggestions given by someone else to you, record all conversations.

4. Do not be afraid of cases to be filed by her. If you are innocent, you have nothing to worry. if you are not innocent, then no advise will help.

5. Ask your parents and brother to keep the whole matter in the background. Treat the problem like a piece of paper. Put it in the drawer and when litigation comes, open the drawer. 

6. Do not do anything impatiently.

7. Do not take any step just because some advocate asks you to do so because most advocates are IDIOTS.  Take opinion from at least five advocates before you file the divorce case. Even after you hire an advocate, be careful, because advocates are like prostitutes. Most of them pursue LLB because they could not get into engineering, medicine or other prestigious professions. With the little knowledge they have, they try to assert themselves as experts without doing any legal research. Of course, there are some very good advocates too. It appears that this may be your first experience with law so you need to be prepared to some unethical advocates along the way.  

 IF YOUR BROTHER IS EMOTIONALLY WEAK AND CANNOT HANDLE THE STRESS AND IS GOING TO BE PREOCCUPIED BY IT, THEN PAYING HER AND GETTING RID OF HER NOW IS THE BETTER SOLUTION. THE INDIRECT COST INCURRED WHEN THE MAN IS WEAK IS MUCH MORE THAN THE MONIES TO BE PAID UPFRONT TO GET RID OF THE WOMAN. WITH A SISTER LIKE YOU, I THINK HE CAN BE STRONG!

GOOD LUCK!!

Hello Ruchi:

If your Parents & Brother has really done nothing wrong than they don't have to worry. Any false allegations from your brother's wife or her family will fall flat. They will need to prove each & every allegations. I would like to very respectfully & importantly ask you about the 'Streedhan'. Where is the Streedhan lying - With your Brother or with his Wife.

If the Streedhan is still lying with your Brother then make sure that with sufficient records your brother hands over the Streedhan to his wife or her parents. Proofs like recording (when your brother & your parents go to hand over the Streedhan) - Take along some of your relatives to hand over the Streedhan - Inform the Police in Writing that on so & so date & time your brother & parents have handed over the Streedhan to his Wife - May be writing an advance letter to your brother's wife that you'll intend to hand over her Streedhan, Etc... Etc...

These are not Ultimate solutions to escaping false allegations, but, atleast you can try to be safer.

Nowadays, it has become a fashion to falsely allege husbands & In-Laws. We have been through all this recently. My younger brother got Divorce just last year. DV Act, 498A, 406 - everything in Divorce Dictionary was pumped upon us.

It is not that the Wife or her Parents are Born Warriors - Actually, they have been handed over Divorce Arms & Ammunitions by our Intellectual Netas.

Even a 4 Years Old Child with a Gun in hand can threaten a 6 Feet 2 Inch Tall & Strong man. So its not the real & genuine Power of Woman, but, its the Power of Law in their Hands.

What if you are given a Free Hand & License by our Government to Kill any number of people you want ? Naturally you'll automatically become powerful.

So, don't worry & be safe. Ask your brother & parents to be courageous - No, we do not have to declare war, but, simultaneously, we should not be weak-kneed, otherwise the opposite party will sit on your brother's head.

Thanks & All the Best.....  

Thanks for the reply..... but just wanted to check if my brother files cases on the basis of mental cruelity and desertion then i hope it would not be a problem for us.

Last week only (Sunday) Girl's father and sister came to our place..... Girl's sister was so rude and batamiz with my family and then they deliberately went down and started screaming on top of their voice in our colony and called the police. Police came and listened to their problem and then came to our place also to take our statement. Policewala listened to the conversation at both the sides and then told my father that do not worry...we are even human being and could easily make out that the girl's family is putting wrong alligation so u dont worry and come with us to the police station. My parents and my brother along with my husband went to the police station where the girl's family was already sitting. The police head even called the girl from her house. After few hours they first took the statement of the girl and then from her family. My family was asked to wait outside. After taking their statement they were asked to leave and the S.H.O denied to take statement from my family. S.H.O. said that he will come to our home and would take the statement and asked my family to leave from the police station. My parents told the S.H.O that we won't mind waiting for another 2-3hours but without giving our statement we'll not leave the police staiton. After that he took statement from my parents but did not called my brotherfor his statement and told us that he will come to ur house tomorrow and would take feedback from our neighbours. He came yesterday and took feedback from our neighbours which was very much in our positive side and went back to policestation. Now, pls tell me how would we come to know that whether they have done any verification from the girl's side or not  and how would we get to know the result of this complaint.

 

My parents are very worried what would be the next step and hope that this would not create any more problem for us.

 

Another thing i wanted to ask is that this girl stayed only for 2-3 mnths after marriage in our family. Is she eligible for any kind of alimony or can she claim for that. And as his parents are asking for the money that they have spended on marriag ...then do we have to pay that....because we are not asking for divorce...it is their daughter who left our family...ruined my brother's life and went away.

 

Awaiting for ur reply.

 

Thanks,

Ruchi

Thanks for the reply..... but just wanted to check if my brother files cases on the basis of mental cruelity and desertion then i hope it would not be a problem for us.

Last week only (Sunday) Girl's father and sister came to our place..... Girl's sister was so rude and batamiz with my family and then they deliberately went down and started screaming on top of their voice in our colony and called the police. Police came and listened to their problem and then came to our place also to take our statement. Policewala listened to the conversation at both the sides and then told my father that do not worry...we are even human being and could easily make out that the girl's family is putting wrong alligation so u dont worry and come with us to the police station. My parents and my brother along with my husband went to the police station where the girl's family was already sitting. The police head even called the girl from her house. After few hours they first took the statement of the girl and then from her family. My family was asked to wait outside. After taking their statement they were asked to leave and the S.H.O denied to take statement from my family. S.H.O. said that he will come to our home and would take the statement and asked my family to leave from the police station. My parents told the S.H.O that we won't mind waiting for another 2-3hours but without giving our statement we'll not leave the police staiton. After that he took statement from my parents but did not called my brotherfor his statement and told us that he will come to ur house tomorrow and would take feedback from our neighbours. He came yesterday and took feedback from our neighbours which was very much in our positive side and went back to policestation. Now, pls tell me how would we come to know that whether they have done any verification from the girl's side or not  and how would we get to know the result of this complaint.

 

My parents are very worried what would be the next step and hope that this would not create any more problem for us.

 

Another thing i wanted to ask is that this girl stayed only for 2-3 mnths after marriage in our family. Is she eligible for any kind of alimony or can she claim for that. And as his parents are asking for the money that they have spended on marriag ...then do we have to pay that....because we are not asking for divorce...it is their daughter who left our family...ruined my brother's life and went away.

 

Awaiting for ur reply.

 

Thanks,

Ruchi

Thanks for the reply..... but just wanted to check if my brother files cases on the basis of mental cruelity and desertion then i hope it would not be a problem for us.

Last week only (Sunday) Girl's father and sister came to our place..... Girl's sister was so rude and batamiz with my family and then they deliberately went down and started screaming on top of their voice in our colony and called the police. Police came and listened to their problem and then came to our place also to take our statement. Policewala listened to the conversation at both the sides and then told my father that do not worry...we are even human being and could easily make out that the girl's family is putting wrong alligation so u dont worry and come with us to the police station. My parents and my brother along with my husband went to the police station where the girl's family was already sitting. The police head even called the girl from her house. After few hours they first took the statement of the girl and then from her family. My family was asked to wait outside. After taking their statement they were asked to leave and the S.H.O denied to take statement from my family. S.H.O. said that he will come to our home and would take the statement and asked my family to leave from the police station. My parents told the S.H.O that we won't mind waiting for another 2-3hours but without giving our statement we'll not leave the police staiton. After that he took statement from my parents but did not called my brotherfor his statement and told us that he will come to ur house tomorrow and would take feedback from our neighbours. He came yesterday and took feedback from our neighbours which was very much in our positive side and went back to policestation. Now, pls tell me how would we come to know that whether they have done any verification from the girl's side or not  and how would we get to know the result of this complaint.

 

My parents are very worried what would be the next step and hope that this would not create any more problem for us.

 

Another thing i wanted to ask is that this girl stayed only for 2-3 mnths after marriage in our family. Is she eligible for any kind of alimony or can she claim for that. And as his parents are asking for the money that they have spended on marriag ...then do we have to pay that....because we are not asking for divorce...it is their daughter who left our family...ruined my brother's life and went away.

 

Awaiting for ur reply.

 

Thanks,

Ruchi

Originally posted by : Dr. Jyothi Vishwanath
	I am suggesting better pay back whatever you recieved in marriage. You have to pay any expenses incurred by the girls side if marriage performed by them. Choice is yours. You want life long headache or you want to continue kirkiri with them...  Better pay what expenses they incurred in marriage and get rid of such people than dragging the matter. parents are old. They need peace of mind.

WIth all due respect to our learned Asst professor who has completed her PH.D , MPhil  Gold Medalist etc etc . 

1. Can you state the law where in Marriage Expenses can be recovered ??.

2. If you want Divorce better pay up?? is  this what you teach your students . Rather than fighting  the case on its  merits  . 

3. Whats the use of teaching law and turning a blind eye to justice rather than teaching the law students  when they get into their profession they should get into compromises ??

4. As to me it seems that you support legal extortion .

 

Helloooo Mr. Stanley

 

Marriage is not only a legal affair but also a social affair. It has not only legal implications but also psychological implications.

Keeping in mind the parents health, advise was given.

If you have any objection, raise it properly than being personal.

I dont support any crime whether legal extortion or else.

@ Jyothi

you have not answered my point no 1. can you state the law where in marriage expenses can be recovered 

Secondly from where do you expect the author of this post to cough up the money by paying in for settlement ( they are already dependent on the son ) are you going to foot the bill of settlement .

Social and Psychological  implications dont matter when it comes to  fighting a case on its merits . Utimately what matters is that justice is delivered .

And in any case if she files a false 498 A and includes the parents in it they would have have to seek Anticipatory bail hence there is a provision in law to come out of it isnt it .Even if she files a false DV case ,those allegations have to be proved in the court of law .

So why should the author of this post fear and pay in settlement money when they have'nt done anything wrong .