My brother is married since three years.It was a love marriage..But right from first day of marriage she had complaints.My mother is old and my father is a dialysis patient.They just expected her to get up according to the usual timings and she started treating my family indifferently. She was blaming my parents , so my brother had to choice and had to take care of my father hence just shifted into a portion under my house.When my dad was in serious condition she dint care to be beside my brother .So my brother just told why are you even with me.She attempted suicide just for that.So my brother dint leave her side then.Post that she started linking up with his friends whom she knew and was acquainted before also.She used to blame him, me and my parents continuously.She left home for two months.My brother decided this would not work any longer.Wanted to move on but later her parents made a scene so hence she had to move back.Hewas just getting groceries and all .But not actually sharing anything. Because of her blaming my parents and doubting him always.. She also put a case on him and my father , but later police told it's just counselling.I am guessing she dint have proof hence it was just counselling.She also talks rubbish that my mother and father are not married and they are illegal.So my brother cannot take continuous rubbish about his own parents and sister.When my brother told my mother she reacted on her.His wife put a case on them three.They sent them fir counselling.At female right counselling they told my brother he cannot give divorce until she does.He is going through a lot and my entire family.She doubts him always.Insults him and my family. Threatens him she will do something to him.Curses that my family will never be happy.He really wants to get out of marriage But as per the last case she put he is bound to be nice to her until atleast two months notice.She also called up his office colleagues in case he doesn't lift the phone.How should he go about the divorce?he cannot tell her directly as he is scared about what case she will involve my parents and dont know what she would demand How should he go about it,?please advice
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File for divorce on grounds of mental cruelty
2) wife forcing husband to stay separate from parents amounts to mental cruelty
3) wife threatening to commit suicide amounts to mental cruelty
4) in case wife files false dowry harassment case apply for and obtain Anticipatory bail from sessions court
See he has to take a step file a divorce on ground of cruelty that wife keep on filing false cases, harasses parents and curses them with bad words, he will be needing proof of cruelty based on same he can file the case against her for divorce.
Now he has to go for counseling tomorrow too?Does audio recording of her saying we know what you are what games you are playing and her saying I will file a case qualify??
See if the regarding is in your favour and it can be identified from.same that she is harassing you then you can. Present same before police.
He can file contested divorce before family court
Audio recordings are admissible in evidence
Respected mam...
All the recording that you have are admissible and if you had made your mind clear that you don't want to be with her anymore.. Just file a divorce petition which will be in form of contested divorce.. And whatever she is doing are the sufficient means of grounds for divorce... Even a single that she is threatens all the family that she will do something is sufficient... Just hire an advocate and file divorce petition...
Thank you
1. This marriage is certainly not working and there is no point in dragging this dead wood.
2. So better approach her for mutual divorce and on offer of permanent alimony she may agree on mutual divorce.
3. If not then he can file a contested suit fir divorce.
4. The more your brother sacred of his wife, the more turmoil would be waiting for him. Ask him to be a man and face the hurdle head on.
Committing suicide is a crime. It is indeed husband duty to prevent someone who is committing suicide in your presence. If your brother wife repeatedly tries/tried or threatens to commit suicide, it amounts to cruelty against your brother and is a ground for you to take divorce from her.
According to decision of Hon'ble Supreme Court in Narendra vs. K.Meena a wife cannot force her husband to leave his parents' home and live separately without any justifiable cause. In this case also you are entitled to take divorce from her on ground of cruelty.
Dear,
Suggest him to file divorce case against her on the grounds of mental cruelty,
threatening parents, threatening for suicide.
It is enough for divorce and you have enough proofs also.
A case of divorce on the mental cruelty can be filed but that will invite a bunch of cases against the husband and the relatives of the husband, may be that the cases so filed are false.
Regards
yes these audio recording will work as good prove in your favor.
Regards