Hi, My younger brother, was married to my siser in law four months ago a per custom. Since he works outside India, post marriage he was in my parents home for 15-20 days after which he left for his job. And my sister in law stayed with my parents for 2 weeks and later went to her mothers home. During this time my parents nor my sister in law had any contacts, but she used to call and torcher my brother via a msg or a phone call (as stated by him) All of sudden , my sister in law and her mother, brothers, turn up in my parents home and abuse and threaten my parents questioning when will my brother take his wife and go. my parents adviced them that, they cant answer this question let there son come back and will sort this matter. Even after my parents insisting not to leave there daughter, they left her and went. Within a week or 2, after this incident my brother came back for his holidays. And my parents informed his mother in law about his avilability. Later when they came home , her brothers got physical with my dad and my brother over the discussion, this triggered to huge fight and i was called to intervin (since i dont stay with my parents) During the discussion my brother spoke all his concerns and physical abuse that my sister in law carried on him during the days spent in India and the mental agaony which she is been trigggering through call or msg when he is outside. Due to all these incidents he has made up his mind that he cant stay with her andneed a divource.
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Hello,
I understand the situation that you are facing but please note that the divorce can only be filed by your brother after 1 year of marriage.
Divorce can be taken in two ways, either through mutual consent or through a contested case.
Till he time of 1 year gets over, family may talk amonhst themselves and settle for a mutual consent divorce, which certainly involves less legal complexity.
Regards
Wasn`t you aware of her nature in advance. She is your SIL and your wife too must be confirm about her sister. Well, what can be done now. Keep recording their threats and abuses, so that can be used in court if any false cases filed by her and good evidence for you as well, if file diovrce.
Call the police if next time they forcefully enter in your house.
Only in exceptional circumstances can you file for divorce before expiry of one year of marriage
2) wait for expiry of one year of marriage then file for divorce
3) file police complaint against wife and her family for their abusive behaviour
4)in event any false dowry harassment case is filed apply for Anticipatory bail from sessions court
tell your brother to,
try to settle the matter amicably with his wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and both will be free to live life with their own wish,
if failed, he has two options,
one option is to,
file contested divorce on the grounds of mental cruelty, but it will take around 3-5 years,
also once he filed contested divorce she will surely file/claim
498a complaint
Domestic Violence case
maintenance,
so tell him to be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show the bonafide intentions to save the matrimonial tie, however, he can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
Sir, per my knowledge the girl nor her family will be ready to give divorce. More over the girl is insisting to stay at my parents home , when my brother is not there. Since she had once manhandled my mother, my parents who are 60+ are not agreeing for her to stay in there home nor her immediate family to come at there doorstep and trouble them.what should I do now. My parents are requesting me not to involve since she might press charges against me as well (note: I leave separately with my family N my wife who is in her 37 week of pregnancy is also worried) My brother would fly back this Sunday, since he needs to report for his duty.
your mother+father can lodge a police complaint against her for staying forcefully and can also lodge domestic violence case against her, and can take an injunction against her entering the house,
in whose name is the property?
1) since your parents are senior citizens they can obtain orders from senior citizens tribunal restraining daughter in law from disturbing their possession of house
2) in alternative your parents can file suit seek court orders restraining daughter in law from disturbing their possession of house
Daughter has not right to stay in in laws house, you can get injunction/prohibition order from court. Don`t be haste for diovrce but keep procuring evidence.
File application before collector under senior citizenship act. fast remedy. Till Sunday keep silent, otherwise she may file FIR.
And ask your parents to get prohibition orders.
Divorce can only be filed after 1 year of the marriage and not before.
Ask your brother to send a notice to her and call her to live with him
Ask your parents to lodge a NC to the police station with regards to the criminal intimidation
You should not worry about the same, ask your wife to take care of herself as these issues can be solved amicably
Your parents can approach court under senior citizens Act and evict her. Your brother can file contested divorce
Dear Sir,
Normally divorce petition cannot be filed if there is no separation for two years under Section 13(1)(1-b) of Hindu Marriage Act. But it has to be filed within one year if there are grounds of impotency or other medical reasons or other serious grounds. You have to discuss in person to find out the actual ground.
Dear Sir,
For filing for divorce under Hindu Marriage Act there is legal constrain that a minimum of 1 year has to lapse before filing for divorce. Hence your brother has to wait for at least a year for filing divorce petition.'
If your brother is sure that he doesn't want to live with her then file a divorce petition in the family court after 1 year of marriage on grounds of cruelty torture and abuse.
Regards
Your mother should immediately file a complaint against the girl for domestic violence by her brothers and relatives. The girl will file all these cases againt your family. Therefore it is better that you file cases against her family members and her.
Regards
No petition for Divorce can be moved in the court with in one year. Divorce Petition can be filed in the court only after completion of one year of marriage.
In such cases, the mother-in-law should try and record the ill deeds of her daughter-in-law and file a complaint against her in the police station.
Dear sir
Your brother can't apply for divorce before completion of 1 year of marriage as stated by Hindu Marriage act. So your brother some how have to manage for 8 more months ti file for divorce.
But he can apply for annulment of marriage on basis of some fraud done by your sister in law. But that fact have to be created by your brother.
These are petty issues which are developed or blown out of proportion.
The marriage is hardly four or five months old, in the initial stages such frictions and quarrels are common, the solution for this is not divorce but a mediation or a counselling with a marriage counselor or even talks involving elders in both the sides may bring some solution to this.
Moreover divorce case cannot be filed within one year from the date of marriage, hence within this time let your brother think about it and give a chance to save his marriage.
She would prefer to live with her husband or in the matrimonial home after her marriage.
She cannot be denied access in her matrimonial home.
These can be considered as trivial issues as well for which divorce is not a solution.
You all can intervene and solve the issues amicably at least till such time when their marriage completes one year.