• Issues with my wife and sister husband

Dear Madam / Sir,

Part -1
My parents, sister and I are all engineers( school college, toppers and well educated kind of). I am employed and working as a Construction manager earning good salary in comparison to my age. Married to my wife for the past 2 yrs 6 months, have a child of 1.5 yrs. She is educated till 12th and a home maker Off late she has been consistently stating that she shall not perform household chores and shall has accusing of me demanding too much of work and not caring her. subsequently her parents have started stating that " You n eed not take care of my daughter ( my wife) and take care of your daughter ( my daughter)" . Similar manner of talks raised to fighting and subsequently started saying" you get married to someone else" . This was communicated duly to their parents seeking help few times 

They have not been heeding and my wife is now staying at her home. My intention hitherto has been to come to a mutual consensus and lead a peaceful life.

PART -2 

My sister ( post graduate Professor) is married to an IT professional and has a child recently. They had their quarrels on the naming of the child and she had registered a different name against the interest of her husband. my brother in law has stated to divorce her. This prompted me and my relatives to visit my sister in laws house. There they misbehaved and abused us , nothing came up fruitful. They have stated that My parents or myself shall not come to their house .

ISSUE 

My wife and her parents have visited by sister;s house and have consistently complained of me as a person who has deserted her ( my wife).
Neither of the parties are not ready for a discussion .

They ( my wife's parent) are threatening to file a case against me that I am not taking care of my wife and also my sister's husband is threatening to divorce my sister .

Scenario details 
I stay in Bangalore , Parents in a different city, sisters husband in Chennai and my wife's parental house is close by to that of my sisters husband.

I earn 1.1 lacs / month my mother earns 50k/ month. father retired. sister earns 35k/ month.
My wife's father is a retired group C state government employee with poor financials in comparison to those of ours 
Sisters husband is the bread winner (private concern) of their house with 70k/ month, his father & mother unemployed. Financially poor in comparison that of ours 

The behavior and language of the family are unbearably filthy and are also not rational. Either of them are not ready for a discussion for mutually happier life. 

I wish to be safe legally if any legal actions are taken up against me . Also wish for a happy life for my sister with her husband.

Requesting your advise

Thanks .
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

1) your sister should agree for divorce by mutual consent and move on in life

2) mutual consent divorce takes 6 months and contested divorce 5 years

3) if your sister files DV or 498A case against her husband and in laws it would take years to be disposed of

4) if your wife files false case against you under section 498A obtain AB and contest case

5) file for divorce on grounds of mental cruelty

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1) call recordings

2) emails exchanged between parties

3) sms exchanged between parties

4) statement of witnesses

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. Your problem is more personal than legal and hence it has to be resolved personally than legally.

2.The legal intervention would only compound the presence scenario and is advisable only if you want to dissolve this marriage.

3.So if you want to lead the marital life then there is no option but to talk to her, wait patiently with hope that she would see reasons.

4. However in the meantime any unlawful activity like threatening, assault etc occurs you must inform the police.

5. However if you have decided to end this marriage then file a suit for dissolution of marriage on the ground of mental cruelty.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

The problem at both the sides are of trivial nature.

There can be a progress for a healthy relationship if there is an over all understanding by all concerned.

You can convince your wife and put your best efforts to reconcile the difference between you both.

Dont involve her parents or your parents to interfere in the reconciliation efforts that you may initiate because basically it is due to lack of understanding.

The same strategy may be applied in your sister's case too.

I dont find any strong reason with anyone that is leading to the question of divorce.

Separation for a few period of time shall make many changes in both the sides, so you can wait with patience.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

What are the proofs to be recorded to substantiate my sister and my stand , if the other parties initiate a legal action.

If you anticipate the other parties to initiate legal action you may wait and watch what actions they initiate after which you may react to it accordingly.

If there is a criminal complaint then you may obtain AB and then challenge their case in court of law.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Dear Sir..

You can file the criminal complaint against your wife relative...if the misbehave with you...write down in the complaint ..that they entered in the house and threatning to you and your family....if you dont want to live with your wife....you are free to file the divorce petition in the court of law...

Regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

1. As of now legal proceedings have been initiated against you. So the only thing you may do at this stage is to collect as much evidence as you can to prove that you that you are a victim.

2. If and when a FIR gets filed then apply for bail.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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