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Nirmala (N/A)     24 March 2011

need divorce

Hi,

My brother-in-law got married in the month of october 2010 and was leading happy life until they started having misunderstanding this year... they did not lead happy life from january and in the month of Feb the girl went to her mom place and a week later her parents got 10 people along and shouted at our house saying we are threatning her for dowry and blah--blah... and she tried to commit suicide.. which is not true... now they both are leading a seperate life... my brother-in-law wants to apply for divorce... they have complted only 6 months of married life... is it possible to apply now?? if yes on what grounds can he apply??? plz suggest some gud lawyers who can get him divorce even though the girl wants to lead life with him...



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 16 Replies

Gulshan Tanwar (Advocate)     24 March 2011

Well there is a bar in this regard as per s.14 (2) HMA but under special circumstance the application can be forwarded and the age of the parties will be of use in this regard and there will be concilaition meetings and other mediations from Court and the Mediator will try to sort out the matter for either -- happy starting of closing the matter for ever.

 

Best way is to reconcile as the marriage is very short lived---- just 6 months and fights are common, if you find yourself good enough to become a bridge between the two, then do the favour to your whole family-- as the problem might be about physical compatability in most of the cases and if this is the case, then the s*x experts will do the needful to make them one again and if there is immaturity in relations, then only time will make them as one and if there is educational differences, then the thinking only can save them and about social traits, there might be several opinions.... give her the time to understand your family; she mights fight with you and others also but is the fight only solution to overcome this problem.

Gulshan Tanwar (Advocate)     24 March 2011

What will you do, if the same thing happens with second marriage of your B-I-L; will he give divorce to the second one also? Think before going for legal action.

1 Like

Avnish Kaur (Consultant)     24 March 2011

threatening? serious issue. did u videotape /record their acts?

file divorce on basis of cruelty, adultery and fraud immediately.


(Guest)

Ask that Sankaracharya who solemnised marriage of Varun Nehru ( Sorry Gandi). He ishould be sermoned for all such troubled marriages.

adv. rajeev ( rajoo ) (practicing advocate)     25 March 2011

go for mutual consent divorce.

phoolkumari (LITIGATION ADVOCATE)     25 March 2011

It would be better,if all well wisher   & family members of affected family's try their best to save  this marriage .,because Marriage Institution is not a joke.Best way is to reconcile as the marriage is very short lived---- just 6 months and fights are common in every newly marriage.Put best efforts for  the solution of the problem,try to understand boths reality  needs ,problems,etc, & find out solutions & at last Implement that solutions.

After all efforts,if both are not ready to live together & live life happily,their is simple way of MUTUAL DIVORCE. It is the solution for ending marriage in most favourable ways.


Nirmala (N/A)     25 March 2011

Hi,

I do understand that fightrs are common b/w husband and wife and if not life would be boring... i do quarrel with my husband but should be a healthy one.... it something happenend in the family she is supposed to inform us which could have sorted out wothout any problem... but now its out of our hands... she is informed her parents and they came and shouted at our house infact from the road... they went to all neighbouring house and complained about it... the girls father  says i don't need that guy i will send papers and let him sign and send it back.... i felt thats not the way to convence... infact my BIL was saying i will lead life with her .... but now after all these issues he says even if i stay with her she will start threatning me throughout life.... she keeps lieing.... when the people who are supposed to lead life not interested then even if we try to join them in future they will come up with same issue... and what if she really commits suicide... then it will be a problem... so i am now worried if the girls father complains against my BIL in station... so we felt its better we take the initiative ....... and they are not even ready to show the girl to us inspite of we going to there house.... so plz help in this regard as what should be done....

Gulshan Tanwar (Advocate)     25 March 2011

Where is your BIL, as he is the first person who can ask for any type of rights, file for RCR in Court, this will bring many things in your favour from the very beginning, then opt for other proceedings as if the adverse party files any legal action then it will amount to counter blast and also they have only 498A with them and no other thing to be established from their side and in Delhi 498A is left as equal as the power is vested with the DCP first and only when he is satisfied that it is fit case to send upwards, then only he can send the same else, the petition/ application will not be granted by the DCP himself/ herself for harassing the husband and his relatives, law is changing in Delhi in matter of 498A.

If dont want to file RCR, then opt for Writ of Habeas Corpus and also do a little trick that instead of filing any case, go with the anticipatory bail and I am sure that the AB will be infructuous as pre-limine and this is another way to take the clean chit for the pass deeds if any from the concerned police station thorough Court. This proceeding will not take more than 10 days and after getting rejected the AB then file for Writ of habeas corpus and then RCR or other things as this will be safe as well as legal step which has no harm.

Gulshan Tanwar (Advocate)     25 March 2011

read Past instead of Pass

Harsh (Advocate)     25 March 2011

Hello,
I would be able to assist in your case. 
You can further contact me on harshmparekh@gmail.com
I am a practicing lawyer .
Regards,
Harsh Parekh
Advocate
9971780620 (M)

Nirmala (N/A)     25 March 2011

Actually a week back we consulted a lawyer he said we cant file divorce until one year... and he also said we cant apply for AB ahead b4 they complain....


(Guest)

498a is coming to your family and there is 99% probability.

 

She and her parents are not interested in living together, because if they were, then they wouldn't have given threat.

 

Record all her threats in mobile or camera and and create proofs as much as you can, this will be helpful in proving them wrong.
 

Nirmala (N/A)     25 March 2011

As of past 1 & 1/2 month she is not living with us & there is no communication b/w us (families). hence we are in no position to collect or record proof.

What should i do as fisrt step & how to safe guard ourself from 498a.

 

Already we had sent a notice to there family asking her to come back or to agree for mutual divorcee, it had been 3 weeks but there is no reply from them

Nirmala (N/A)     26 March 2011

Today my BIL got a call from the local station police. They said we have received a complain on you and they have given two options to live together or go for settlement and asked him to meet personally. He said i am not here as he is in chennai and comes here only during weekends and this week he had training. So the cop said to meet next week. Now what should we do?? should we go to police station? is it safe?


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