RaviSK (engineer) 22 June 2010

Marriage but no childern

My brother(38) who got married 5 years back and has no intrest in having children for whole life.But his wife is every much intrested in having childern.The reason behind is, my brother was insolvent in his business and under presssure from credictors to repay loans . He also had elementry personality disorder's ,diseases and also he was dark in colour.He don't want to carry all this elements to this childeren which they had to suffer for thier whole life.

Basing on this ground's can his wife file's an divorce .If so under what section's.

Thanks

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6 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 22 June 2010

She can file a divorce petition on the ground of cruelty

Arup (UNEMPLOYED) 22 June 2010

if he refuse intercourse then it attracts cruelty over her, otherwise not.

his such negative attitude ruining his family.

i feel he require a psychological treatment..

Dharmesh Manjeshwar (Advocate/Lawyer) 22 June 2010

Yes ... ur brother's wife can file for divorce on the grounds of cruelty .... and if proved ... she may get away with a divorce too ......

(Guest)

Sorry right now m not able to recall that Mumbai couple's names but who recently approached Hon'ble SC for terminating pregnency due to genetic defects found in yet to be born child and Hon'ble SC refused their plea for abortion.

So a good social concsious divorce Lawyer can turn the table in favour of your brother if plead well, if that Rs. 25/- ever sees the light beyong Registrar's office, Hence I will say fundamental rights are there but matrimony and issues out of a wedlock are proprtionately being equal and is going to be weighed in favour of 'equity' before Law too. I will say chances are 50:50 that also if both sides family court Lawyers are equally persuavive with their pleadings and pops a seperation decree may not be a decree of divorce on cruelty grounds ! .

However options do exists as Ld. friends here advised well; opt for adoption and mold the child as per respective parents dreams.

Rgds