Sushma Sharma (NA) 01 December 2009

How to get divorce

Hi,

This is regarding my brother who is a doctor. He has been married for 3.5 years.
Before marriage my brother talked to the girl for 6 months. Her parents are well known doctors in that town.
From the second day of marriage the girl (i.e. my sister-in-law) started behaving erratically. She came to my parents place and started there for a week. There also she showed immense behavioral disorders. She started fighting with my brother for no reason at all.
After 1 week she went to stay with her parents and continued studying.
Twice my brother went to stay at his in-laws place and she continued behaving like that.
On calls also she used to talk nonsense. Slowly we came to know she is having high behavioral disorders and is very abusive.My parents conveyed the same to her parents but they dint budge. They were not ready to accept the fact.
During this whole period she was staying with her parents.
Last year we sent a letter thru a marriage counceller for discussion reagrding all these. IN return the girl's lawyer sent a metter with false accusations on by brother and my whole family. Her father came to the counceller with his lawyer and there his lawyer started abusing us verbally.
So we decided to stop the councelling from there.

After that her father sent 2-3 people to our place to talk to us. My parents told them the whole story and asked them to treat their daughter to a phychiatrist but nothing happened.
We got very frustrarted and decided for divorce and our lawyer sent a letter to them regarding mutual divorce. To this her father replied that he is ready for tht but wants a huge alimony. This happened in June this year.
After tht there were no communication between us.
Now we are hearing tht her father is getting her married again without any divorce.He has told the boy and his family tht his daughter has got divorce.
Now in this situtation what we shud do?
How we can get a divorce once the girl is married?

Thanks

Reply Follow

6 Replies

Adv.rhishi (Advocate) 01 December 2009

Hi Gilian,

Please provide the details if your brother had inter caste marriage or has married as per Hindu Rites.. (Since marriage laws applicable to both the scenario differ)

After perusal of the story what has occured to me is that :-

1. It is essential to know if your brother wants to divorce her?

2. if ithe answer is in affirmative then you may either - wait for her to get married and then file marriage petition before family court to allege Bigamy performed by her and get the divorce in your favour. Or else you may file for marriage petition for divorce on the ground of Dessertion and seek relief before the appropriate court.

3. However, if your brother is willing to file for divorce then you should be slightly prepared for alimony. If you are able to prove that your sister-in-law is well off and earning/working then the amount of alimony shall be nominal/nil.

4. It advisable to you to take further steps showing your brother's initiative to bring her back to matrimonial home. You may keep a record of the same and their response to the same. You may write letters to her or emails (which are considered as evidence in court of law)

5. After a strong rejection from the in-laws you may decide either to file for dissolution of marriage (and its repercussions) or wait for her to get married.

6. Also please provide the exact dates and events of happening of the marriage and the period since when she has left the matrimonial home.

7. Choice is yours.

Regards,

Adv.Rhishi Bidkar

(Guest)

HI TATS great . let her marry , just try to get evidence tat she got remarried. u will get divorce very easily on account of bigamy and of course no alimony too . so first let her fall into ditch of getting remarried.rather she can be punished for bigamy.

Sushma Sharma (NA) 06 December 2009

Hi,

Actually we are scared that the girl's family can put a domestic violence or dowry harresment case against us once she is married. If that is done what cane we do to protect us?

Hardik Mehta (Family Counsellor) 08 December 2009

Sushma,

If she is remarried, and then these cases will hold no value. You can counter with bigamy which helps in quashing all the cases. You can also get the divorce without any alimony. If she puts the DV or 498a case, just ask for brain mapping in the court for the girl. This will help in getting your doubts clear and she will spill all the lies.

Sushma Sharma (NA) 25 December 2009

Hi,

We got to know that the girl has got married and registered her mariage. How can we get the proof of the marraige registration? I guess once we get the marraige certificate xerox we can ask for divorce..

DR.SANAT KUMAR DASH (Eye Specialist) 22 January 2010

Sushma, your brother should apply to the Registrar , Marriage Office of your area for a Registration Certificate in respect of your Sister - in - law & that will be strong proof in his favour to file a case for Bigamy.