Tejashree Raskar (HR) 26 August 2014

Need help for brothers divorce case

My self Tejashree from Maharashtra,i want advice for my elder brother.

Name:Aakash Raskar

Profession:Two wheeler mechanical

My brother is deaf he cannot listen and talk properly but he can handle his garage and day to day life.last month on 19th Jul 2014 he got married .it was a simple marriage where around 50 persons from our side and around 50 members from girl side. In my marriage my parents in law hide the that she is having extra marital affair . after all inquires about her we got shocking news that she is already divorcee.they have totally cheated us.but we are not aware how to file a case and what next action we can take .from fourth day of marriage she is living at her mothers home not with us.

pls pls pls suggest us what to do now my brother is innocent we don't want such girl in his life,we want divorce from her but we cannot provide the maintenance charges and all to her because my family is financial backward.

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Tajobsindia (Senior Partner ) 26 August 2014

1. Consult finer facts of the matter with a local Advocate found via reference and file appropriate ‘fraud’ in Civil Marriage suit matter in Family Court seekign relief of divorce under 'fraud' mentioning all such alleged allegations as per your provided facts herein. One can also approach Legal Aid Centre located at all District Court Complexes for seeking almost ‘free’ legal aid on State expenses showing special needs certificate along with Income certificate of your brother to avail the ‘free legal’ aid on State expenses. You need to find out from local District Court the local procedures by doing small running around.

2. So far as maintenance is concerned law takes its own course and since the brother of yours is special needs professional of his own standing say Minimum Wage Act as applicable under State of Maharashtra may get Ordered provided your side is not able to prove his wife is educated and can earn a living herself. This is a interim arrangement if and if ever a case matter goes to floor of Court and post Decree in a fraud marriage such arrangements ceases.

3. A Civil case as advised needs to be filed under Limitation i.e. before 1 year is lapsed from the date of knowledge of ‘fraud’ in marriage and cohabitation as husband – wife between them should cease once ‘fraud’ is discovered. These are two bars and rest are all matter of court proceedings if opted for.

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