• Regarding divorce for my brother

My brother A was in love with thus girl S .S got married to another guy but got divorced with mutual understanding from her first marriage after 1.5 years and had a child as well and also took 50 lakh from her first husband.

Later on she came to my brother and they got married in oct 16.My brother A sccepted S's child as well who was 4 yrs age as on oct 2016.
Troubles started from jan 2017 and then my patents decided to separate them. S with her son left her mother's house till construction work is completed. 
She returned in sept 2017 and started living with mh brother on first floor while parents lived on ground floor.

Troubles again started up with small husband wife quarrels taking big shape and numerous times she leaves for her mother's house.she does not cook food and does not contribute in house hold expenses as sge is earning as well.

Since may 2018 she is living at her mpther's place with no contact what so ever.

I with my wife and daughter do not live there and have no interfearence .

Pleasr let me know what shpyld be cpurse of action in future.
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers


Your brother can file a case of divorce on the ground of cruelity or they may take a divorce on mutual consent.

If she claims alimony then contest the same on the ground that she broke her previous marriage also and as such she does not have the capacity to maintain a matrimonial tie.


Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

best option is your brother files for divorce by mutual consent

2) in case wife refuses divorce by mutual consent file for divorce on grounds of mental cruelty

3) contested divorce cases take 5 years to be disposed of

4) brother has to prove allegations made in divorce petition

5) wife would seek alimony from her husband

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

If your brother wants to continue with his relationship, he can file a petition under section 9 of the Hindu Marriage Act for restitution of conjugal rights.

If you does not want to continue his marriage he can also seek for divorce on Grounds of cruelty on husband under section 13 of the Hindu Marriage Act as the actions of a wife of deserting the companionship of his husband and not cohabiting together amounts to cruelty on the husband and is a valid groung for divorce. Also, any acts of your brother's wife which would constitute mental or physical cruelty should be added in the petition.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Dear Concerned,

Your brother should file a suit for Restitution of Conjugal right under Hindu Marriage Act section 9 , however it is very important to get hold of the previous divorce order where she has taken 50 lakhs alimony. This order will help you in future. Once you have this order then file HM 9........

Best of luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

1. Ask your brother as regards what he is thinking of this marriage.

2. Matrimonial dispute is integral part of the marriage ad it can never be avoided. However this must not cross a certain limit.

3. As long as this is within limit and both of them later patch up then it is better you do not intervene in their lives.

4. Divorce is no solution and let your brother work out this marriage for few more months and then take a final call on this.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Client,

Bette you your family away from this issue, if she filed false cases she may implicate you too.

Try to settle the issue amicably and find out the root of contention. She is earning and with alimony of 50 lacs, her ego is high and no dependent, so she cant be convinced easily. better cajole her.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If your brother wants to continue with this marriage, he must file a petition for restitution of conjugal rights for his wife has abandoned him without any just and sufficient cause.

In case he wants to get over the situation, he should seek divorce from his wife.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Sir if the brother want to live with her he can file a RCR petition before the family court if not he can pursue for the divorce if she is ready by mutual consent if not on ground of cruelty he can go for divorce. Further can file a NC in police station that wife is threatening of false cases.

Further you should along the family stay away for a while from the issue.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firslty, as per the information mentioned in the present query query, makes it clear that your brother is going through a. Mental tarunam.

Secondly, I would advice you to ask your brother to file a divorce case if he wishes to.

Thirdly, once you file it then both the parties would be asked to go before the mediation to settle the matter as court believes in saving of marriage rather than nr along of marriage.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

First of all you decide what you want. If you want to keep her with your brother then your brother should file RCR under section 9 of Hindu marriage act just to stay with your brother.

your brother may file for divorce after section 9 case if she refused to stay with A as this itself will sufficient ground for divorce which will be proved by section 9 case that she is staying away from your brother without any reasonable cause . a ground for divorce under Hindu marriage act

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0


If you go for mutual divorce, she would again demand handsome amount from your brother.File u/s9 for restitution of conjugal rights and if then she doesn't comes or files divorce you can prove that it is her tactics of getting money from husbands after marriage.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Matrimonial dispute is integral part of the marriage and it can never be avoided but it's always in a certain limit

Ask both of them with the help of relatives try to petch up

If this not work then go for divorce under mutual consent.

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

1) See already your brother's wife is divorcee and got second marriage with your brother, so better they go under counseling for such family matter with Counselor and get problem resolved instead of separating again keep them jointly and stay together.

2) As we have heard facts from boy side and not from girl side. Here girl has one Full successful divorce experience and take alimony from her first husband as 50 lakhs, so chances are here she might go for one time lump sum amount alimony and get divorce.

3) So tell your brother not to give divorce from your side first and not raised any points let girl start or desert or do adultery etc.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

It depends on your brother whether he wants to file divorce or he wants her back home.If he wants her back he can file restitution of conjugal rights petition else he can file divorce.

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

It is for your brother to take suitable action.

First he may issue a legal notice asking her to return to the matrimonial home

Let she respond or return, if not then he my file a RCR petition.

She appears to be a quarrelsome nature hence he careful about it.

If he is putting more pressure on her then she may resort to false dowry harassment case which may end up in bitter experiences beyond salvage, hence it is better to play a low profile game.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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