divorce - please help


Sir,She

My brother and his wife both work in multinational software company. They got arranged marriage in June 2011. The girls nature is different whenever my brother and she had quarrel she goes to her mother place to stay saying she is not feeling well and want to take rest. she repeated many times. She switch off her phone and does not call my brother for many days. she even speaks bad words to my parents like b*st*rd or even says dont call me even if your father or mother died i am so busy i have no time.When my brother and her wife went to bangalore for job purpose since both of them in same IT company.My brother did not got project in bangalore and he was transferred to pune and her wife is in bangalore. she did not call him and says i am handling 3 projects at a time i asked company for more work.When my brother calls her she speaks roughly quarrel with her. My brother wants divorce from her. She is working in big IT company from last 7 years if my brother goes for divorce even if she is not ready do my brother has to pay compensation to her ? Her family says we did not want to give divorce instead we want both of them should stay together.

My brother some times drink Beer in front of her but never done any bad thig to her or never beat her. can she may false alligations my brother beat him and put him in jail.? Her family married their daughter at our city when the girl is from other city as my father has paralysis attack so can they demand money during divorce? They have no child as recently married so no problem of child custody. should i take divorce even if she and her family is not reay.

 
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Senior Partner

@ Author

1.
Before expiry of 1 year they can't move suit for Divorce. 

2. When suit on floor of family Court dependent upon status, income, needs she may apply for maint but given to understand she is working it is highly unlikely she may get maint however she may be entitled for one time alimony but then all these may be tested post 1 year not now !

3. Mutual Consent Divorce is easier route but then again for it 1 year wait is necessary.


It may be that there is incompatibility and temparamental issues in marriage which may be given chance to settle down with time coupled with seniors in family of either side's humane approach so it seems as it is a very young marriage and S/w field professionls are always under pressure / stressful jobs which takes toll on their marriage.
 

 
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Advocate

Dear Tajobsindia, I do agree with your comments of one year statutory period of waiting, but I look on this suspended animation of one yaer as a punishment to the copule who wish to end their miserable life of togetherness. I think we should be liberal and do away with the statutory period of waiting for one year. Corrct me if I am wrong.

 
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Senior Partner

ld. brother Assumi

Yes I do agree, but then who will bell the Cat when we can’t come in agreement in unison on Uniform Civil Code till date :-)


Social changes influences and brings such much needed reforms for the aggrieved couples lives. But then we should not forget checks and balances put by wisdom (whatever) of legislatures may be on misuse of such 'liberties' by u
nscrupulous litigants.


Flip above generic philosophies and I see even today few State HC’s waiving legislative 'intent and object' bar on ‘exceptional hardships” clause so less said on peculiarity of facts of spousal showdown under civil domains the better unless one has brief in hand by way of vakalatnama.

 
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Lawyer/Advocate

I totally agree with Tajobsindia. So your brother should wait for one year till the expiry of marriage and act according to the advise of Tajobs.
 
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Though the situation demands,   there needs to follow the procedural law.  that is,  to wait for a period of one year.  Then file the divorce petition and proceed with.  It is not  compulsory that a man who files divorce petition agaist his wife should maintain her. it is judged according to the needs and living standard/ situation of  the  Victim(Who ever it may be)

 
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Legal Evangelist - TRIPAKSHA

Agreed with the opinions provided.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
 
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Hi,

Need help on smiliar grounds though I moved a step further.

 

Got first pettion files in june in delhi on mutual consent with no obligation on either side.Since then I didnt get any letter from court and neither  I hear from my husband.  Though at the time of pettion filed-we signed an MOU in court confirms no obligation and marriage is now over. We had 5 years of marriage with no children and my husband put across that we living seperatly for more than 2 years in those five years... I was fine as both parties want mutual consent


My stupid and sensible -apperciate if all you can rate.  Do I need to appear again in court after six months or so? i didnt get anything from court yet on dates if any ?   Is there any way I can not present in court on next hearning - reason is simple to avoid any further pain to see that man. I am happy and agrred on all terms laid by my ex on mutual consent and so far relaxed

Any word of advice for me on how to take this forward or should I have to worry -- I moved out of delhi and now working independantly

 
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Advocate

I think there was no cohabation from the begining. If your brother feels that her wife has get consent by comminting fraud to marry him, then he can approach court to declare null and void. You can file this one at any time. but your brother should file within one year after the fraud is detected. 

or

He can file a petition for restitution of conjugal rights. If he obtain the decree of Restitution of conjugal rights, then the way for divorce is clear.

No need to give maintenace if you follow this procedure, because she is able to maintain herself.

for more details

Daniel & Boaz

Advocates: 8428391400.

 
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Advocate

@clair mohan,

Six months after first motion, in or after Jan. 2012, both husband and wife have to file "second motion" before the court and reiterate the facts stated in the "first motion"held in June,  2011.  Then only, the court will grant divorce decree.  In the absence of any party in the second motion , it is not possible to get MCD

 
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