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sonia_kumari (lecturer)     10 February 2013

Marriage breaking down

Kindly advice. My brother ahs been married for 6 years and has a daughter. We didn't take any dowry and despite our protests his wife's family gifted a bed and almirah, which my brother and his wife have been using since the beginning. We even gave the gold that was given to my mother and me in the marriage to his wife as we have always believed in not accepting a single dime from the girl's family. He and his family have always lived with  my parents and because of feuds between my mother and his wife, they were even allocated a separate kitchen in the same house. Since the last 5 months or so, his wife started a job where she worked long hours ( from 9 am to 8 pm) and she herself revealed that her boss confided to her about the alleged 'loose' character of other female employees in the organisation. My brother advised to keep the relation with him professional and not indulge in such talks. She started taking lifts home from him and my brother caught her texting personal messages to her boss at night. They had very loud fights in which my parents always intervened and tried to counsel them both.

Things have turned worse now and she has been staying at her mother's with her daughter since the last one month. My brother still carried on meeting his daughter there and picking and dropping his wife from her mother's  home to her office. Last weekend, on my advice he met a marriage counsellor and was advised to bring her along. She refused to accompany him and abused him for neglecting her and his daughter for his parents! The marriage counsellor has advised my brother to file a divorce case as he thinks that she will never compromise and is just used to arm twisting my brother. We wish to avoid the divorce situation. He also advised that she might file a case of dowry against him and my parents. Although our conduct in this regard has been blemishless, but we are scaredof the consequences of his marriage break-down and the false dowry accusations.

Please advise our course of action.



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 3 Replies

ashoksrivastava (scientist)     10 February 2013

Unfortunately 498a/dv are so destructive to institution of marriage that any conceivable pre emptive defense measure will also be equally destructive.

Only possible solution seems to be to involve her parents and make them understand that your brother's daughter will suffer unnecessarily for no fault of her. so reconciliation should be actively encouraged by both families. simultaneously keep record of calls sms letters etc.  never visit her place. or call them at their place (withoutrecording them) if reqd .send a family friend but not relative to her place. use sms for communication.Collect and preserve evidence  which may prove your innocence and her guilt.Since you want to preserve marriage if she goes to her place for unreasonably long time and doesnt respond to your smsor calls(always record them)immediately file rcr at your place.get in touch with good lawyer at your and her place for any eventuality. RCR filed before 498a/dv will be a good shield. all the best.

Msk-need -nuetral- laws (self)     10 February 2013

Hi Sonia,

Agreed to Ashok first part of involving family or friends as mediators, but disagreed on second part of RCR.

RCR will invite 498a for sure, if your sister-in-law consults a lawyer. Better, judge in all means what is her intention, whether she is willing to rejoin him or not. Before RCR, take a lawyer your side and approach nearest police station and give a complaint ( only a written statement, no action against it) and preserve this. 

If found , she is not going to rejoin, then wait for sometime and file divorce on cruelty ground of failing to cohabitate hope she does not boomerang with 498a

sonia_kumari (lecturer)     10 February 2013

Thank you very much sir for your kind advice! We sincerely hope that this relation doesn't break but emotional cost on my brother and parents is getting too much!


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