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seeking lawyer opinion for a family predicament - reg.


Respected Lawyers,

I seek your kind legal advice for my brother-in law family predicament.

He had got married in December 2013. Since the couple was employed in Chennai, They were staying in the middle place where the couple (Boy – HR Professional in a Manufacturing Firm, Girl – IT Professional)themselves were managed the travel distance equally and enjoyed their life happily. During September 2014, Both had undergone fertility tests and problem (Azoospermia) found with the boy. As per the doctors advise, My brother-in law was asked to limit the travel time and undertake the treatment. Due to the official reasons, He had flown over to other state and made his mother-in law to stay at his home for his wife safety. After the ten days trip, His wife forced him to take a house nearby her office which led him to travel 70 km (to and fro) everyday to his office. In the mid time, he had taken treatment and was not much successful as the daily travel hours consumed more than 5 hours in a day. In the mean time, He had arranged a job for his wife nearby his companies through his known sources and she had refused the same. Considering the treatment and happy living with his wife, My brother-in law had taken best effort to find out suitable job nearby his place and all he had in the same distance only.

Before that, During Dec 2014, His wife brother had stayed in my brother-in law house for about 6 months and hindered cleverly his wife like “Is this life you are living?; We cant show our face outside due to your infertility? Etc., Previously The wife brother got marriage engagement in Nov 2014 and upon the request by the wife, My brother-in law accepted to accommodate him at his house. Then he got married in May 2015, shockingly he had informed to all of us that he is not happy with the marriage life due to her habits like waking up lately, Keeping food in the refrigerator and serving in the next day morning and other silly reasons. I had called him personally and counseled that you had enough time i.e, six months, for getting married to discuss with your life partner freely and now you are refusing to live with her. This is the greatest sin to a girl by you. And I requested him to withdraw his divorce application and he had not agreed. Later he had bought a house in our nearby places and expected, the house handing over date was approximately by May 2016.

In Dec 2013, The wife was earning Rs. 15K per month and due to my brother-in law continuous positive support, she had reached very high level (from Executive to Reporting Manager) now within short span of time. i.e, Rs. 80K per Month. During these days, he had not received any amount from the wife and she requested to save this for their child education in future. The entire family expenses from House rent (Rs.12K), and all other family requirements are satisfied by my brother-in law earned salary alone.

Now her total savings are reached more than 10 Lakhs and this had hindered her family. As the wife brother is undergoing with the divorce processes and upon the request by the wife, He was staying in my brother-in law home for the last 45 days. In the mid time, He had collected all my brother-in law medical reports and shown to a lawyer for applying divorce to the wife too. Since my brother was travelling almost 70 Km every day, he had reached home around 9.30 pm only and the wife brother made all those arrangements in the evening time.

Due to his perseverance, he finally had found suitable job nearby his home during May 2016. The wife said to my brother-in law that she wants to stay in her mother home for 10 days and my brother-in law took her and safely reached her at the native place. All of a sudden, The wife family had called my brother-in law family and asked to arrange for a family discussion within two days time. During the discussion going-on, The wife father had said that we had waited for 1.5 years and no positive improvement in your son medical processes and hence we will mutually be separated. This had very severely affected my brother-in law family. Basically, My brother-in law family having high reputations in their place and totally disappointed the way of the wife family announcing these very cheaply.

The wife is too adamant to get divorced. Last may end, her birthday had fallen and she had shown positive response to him for living together. But her family is not totally confusing her and forcing her to apply for mutual divorce. Also her family is threatening my brother-in law family that you have another younger boy in your family and let us see how you will arrange marriage for him without signing the papers.

My Brother-in law is very firm in living with his wife and requested his wife to drag this matter for another one year. After one year too, if  she is in same dilemma, we will consider your request. But the wife family is forcing notoriously and threatening us to sign within 3 days time.

Presently the wife is living at his brother new home and resuming to office. When my brother-in law tried to reach his wife to meet at his home, the wife brother is treating my brother-in law very badly.

 

Requesting you to provide appropriate legal opinion for the following from the above;

  • Is there possibility for getting a family counseling legally?
  • Since my brother-in law had taken treatment with one lawyer, can he get a chance to prove himself by seeking second opinion?
  • Incase they send legal notice, Can he drag for two years time? He had enquired some siddha and ayurvedic experts in Kerala and believe this can be cured.
  • Is there any possibility to live with his wife? If not, Can the lordship direct her not to stay at his brother home and stay in hostel? My brother-in law feels that if she has some space, She can think and can be back normal. Actually till May 2016 end, The couple had enjoyed at the most and visited many places etc.. Hence he seeks to opt this question?
  • Can he apply for Habious corpus petition?

Thanking You,

Karthik.

 
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Social Studies Reader/Worker

Wife wants divorce?  Husband can drag case for some time for  sure.  Meantime what if wife wont cohabit with husband?  Court cannot make wife come and sleep beside husband when she is not interested.

This husband as asoospermia, (less sperms) if she takes divorce and marry, what if she herself not able to concieve due to age factor or again get asoopermia husband no.2 ?

Why cant the couple go for IVF treatment with donor sperm? Why cant the couple go for adoption?

Finally if one does not want to continue with marriage, court cant do anything but grant divorce.

 
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Dear Bhaksi Mam,

My brother-in law is ready for IVF Treatment. Initially the wife too agreed. Later the wife family intervened and threatened that if she undergone IVF Treatment, It will affect her health and the baby will be unhealthy.

These flimsy reasons are confusing her and decided her to go with the family decision.

Request your further guidelines to move further.

Regards,

Karthick.

 
Reply   
 
Social Studies Reader/Worker

Originally posted by : Karthik
Dear Bhaksi Mam,

My brother-in law is ready for IVF Treatment. Initially the wife too agreed. Later the wife family intervened and threatened that if she undergone IVF Treatment, It will affect her health and the baby will be unhealthy.

These flimsy reasons are confusing her and decided her to go with the family decision.

Request your further guidelines to move further.

Regards,

Karthick.

Be it man or woman, if one of them does not want to continue in marriage, nobody can do anything, her family supporting her for divorce etc is all a flimsy excuse, she herself dont want to continue, usually women put blame on others, soceity etc when they dont want to continue marriage.  That is normal tradition what girls/women follow in our society.

 

There are scores of men who simply lead married liefe even if wife not able to concieve, and vice versa. Dont they lead married life?  They do. Marriage is being there for each other, no matter what.  If that attitude is not there in either husband of wife, what can court do?  Ultimately one day or other court will grant diovrce.

 

I advice you to stop tinking about this, and go ahead with divorce, find someone else who can be there for you no matter what, irrespective of child or no child, go for adoption, give life to some stranger who will reciprocate your love and feelings than waste time on this useless woman.

 
Reply   
 
Social Studies Reader/Worker

Social studies is my favorite subject as teacher.

You need to have attended moral science classes but not motivational classes.  You need to attend one of my motivatinal classes/

 

No point in thinking.  You cant move a inch of grass by thinking.  She does not want you, you find someone else, you are acting as if she is the last woman on earth and having kid out of wedlock is the last big thing anyone could achieve.  Set your sights high.  If you r taking treatment, continue.  This woman dont have patience, who knows you might become alright by ayurveda or unani treatment?  You meet someone else down the line, then try again, if pregnant get another lady well and good for you.  Be positive.

 

 
 This headache woman if she goes off like this calm and quiet fine, what if she files one dozen false cases as you are not wiling to give divorce to her?  Then you will be left fighting with legal system, lawyers, courts for another two decades even after divorce is granted.  Best is MCD, without paying a penny to her in the way of permanent alimony.  Terms of MCD be drafted carefully by seeking help of good criminal and family lawyer localy.
 
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Dear Bakshi Mam,

My Brother-in Law still is having hope to live with her. Thanks for your guidelines.

He feels that his wife is his life and he cant imagine his life without her. Because all these happened to him all of a sudden without giving any clues. He is in highly confused stage. Even he cant believe how his life will move on further? 

He still believes that if she has some space, she can come again. Request your opinion to drag incase they send legal papers.

Regards,

Karthik.

 
Reply   
 

Respected Lawyers,

 

Looking for advise from you. Please support. Based on your suggestions, I will guide my brother-in law suitably. Please support.

 

Regards,

 

Karthik

 
Reply   
 
Vakeel No. 1

If she file for divorce, contest it, tell judge that you are not willing to give divorce to her, and are interested in continuing with her.  If you simply want to while away time, then it wont be of any use.  Genuinely try to settle matter, talk to wife and make her come back, keep trying for child, if she becomem pregg, then automatically she will stop doing all this.

 

Agree with Mrs Bacsi adivce too.  No point in wasting time as wife does not want you .

 
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Expert Humanitarian and Lawyer

File RCR.  adopt a watch and wait policy. Meantime talk to wife see what she tells.  If fall on deaf ears, no use.  Take divorce.  Be happy.

 
Reply   
 
Excellent Lawyer

If she left you and went file RCR petition.  If she dont come back wait one year, then file divorce.  If she file divorce, u dont wnat to give.  Dont give, court wont give divorce to her.  She max can get into live-in relations.  Follow above advices also as they are correct too.

 
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