• Divorce

My elder brother is having non curable illness diagonsed 6 months after his marriage. married 2 year before no children..his wife left him after 6 months and living seperately and doing her higher studies. she sent divorce paper photo on whatsapp in jan 2017. my brother and family member asked her parents to send paper and do the procedding by mutual consent. till then they are not sending paper and not talking and telling other people of society about my brother illness and mentally disturbing him and down falling his social reputation. now via third person they are saying to me to get marry to my elder brother wife. which i and my family dont want to do. and they are saying they will make sure that i dont get married anywhere else. my marriage is fixed with someone and scheduled in oct 2017 and they are not knowing about this. we are worried if they know they will make disturbance in my marriage. what can we do now...we are ready for divorced. we had already returned the car they hv given and told them to return jewellery we have given and we will return the furniture tv ac freeze but they are not doing anything and just making my brotther illness as weapon and spreading it to everyone. what can be done legally in this matter now. due to all this my brother is not doing his study since one year and very tensed and disappointed. please help us in the right pathway thank you
Asked 6 years ago in Family Law
Religion: Hindu

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7 Answers

Hello,

If she is not ready to get a mutual divorce he can file a divorce petition in ththe family court and get a decree in his favor.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1)take search of court records about divorce proceedings filed by wife

2)your brother can deny allegations made in divorce petition

3)you are at liberty to marry whom soever you please

4) your brother should file NC with local police that wife has deserted her matrimonial home on her own accord and has refused to return inspite of repeated requests

5) your brother should prepare list of wife stridhan and send email to her to collect the same from his residence . also offer to return ac , fridge , tv etc

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1) husband should mention that his illness was discovered only 6 months after marriage

2) it was not a pre existing disease na f there has been no material suppression of facts

3) stridhan is the property that a woman obtains at the time of her .marriage . that it is the voluntary gifts given to a woman before or after her marriage

4) even if husband is not working he is bound to pay wife maintenance .

5) it is husband responsibility to maintain his wife

6) wife can in divorce case claim maintenance or alimony from husband

7) court would consider fact that husband is unemployed while determining quantum of maintenance

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. Your brother can file a petition for dissolution of marriag eon the ground of cruelty in this scenario.

2. Since your brother is being defamed by his wife he can file a suit for permanent injunction to restrain her for doing this.

3. Issue a lawyer's notice to her to return your items. It needs to be mentioned that jewellery which is given to a wife by her husband and/or his family members constitutes her stridhan which she cannot be made liable to return unless it is proved that consent of husband to marriage was obtained by his wife by coercion or fraud.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Querist

No, need to worry, first of all file a criminal complaint against them before police that they are threaten to not solemnized your marriage and based on that police complaint you may file a civil suit for injunction against them before the civil court and get restrain order against them and if they create any problem in your marriage then they may be prosecuted for the offence of the contempt of the court and defamation too.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Your brother only has to take legal action on this.

He has to file a divorce petition on the grounds of mental cruelty or to appear before the court where she has filed the divorce petition and express his willingness to grant her divorce as per her desire owing to the prevailing circumstances.

Above this if she is indulging in any such act which is detrimental to your name and fame, the affected person may issue a legal notice to her instructing her to refrain from indulging in such activities which cause damage to your reputation and name and fame in then society failing which you may wrn for stern legal action agaisnt them.

T Kalaiselvan
Advocate, Vellore
84712 Answers
2172 Consultations

5.0 on 5.0

If she has not filed a divorce petition, ask your brother to file one instead of stretching the things.

Stridhan means all the properties she brought while she stepped into her matrimonial ho,me which includes the gifts given to her by both the sides, ie.., the jewels given by your side during her marriage also becomes stridhan and her own property.

She is entitled for maintenance if she is not employed by virtue of marriage.

You cannot keep a vigil over her activities to spread rumours of your brother's disease, hence it would be better that your brother files a divorce case immediately to stop the spread of more such rumours.

T Kalaiselvan
Advocate, Vellore
84712 Answers
2172 Consultations

5.0 on 5.0

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