My brother in law got married in feb 2019. Before marriage he was having a girl friend, but due to religion and family pressure, he could not marry. He agreed for arrange marriage, but was not happy. After marriage, for few months, he did not have any physical relation with wife. Later he found that his wife is having relationship with other 3 men. But dis not tell this to anyone. Then due to wife's training, they moved to another city. Both lived there for around 8 months, but did not had any physical relationship. After training was over, they came back. Then my brother disclosed this to everyone. His wife accepted that she was talking to 3 other men, but denied having any physical relationship with them. My brother in law has proof that she went to hotel to meet one of her boyfriend. Also has details of whatsapp messages and call recordings. Now his wife is staying with her parents for last 6 months. She wants to comeback, but my brother in law wants divorce. I have below questions:- 1. My brother in law wants mutual divorce, without dragging it for long. How to proceed with that? 2. If his wife does not agree to give divorce, then how to get divorce? 3. What if his wife files dowry and harassment cases? How we can protect ourselves? My brother in law stays in patna and I stay in banglore, still I can be arrested in this case? 4.What options do we have to protect ourselves from such cases? Thanks & Regards
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
First boy shall go for mutual consent divorce on his terms and conditions and girl should sign that MoU of MCD without any concern.
If she do not sign MCD papers then boy can apply in the court on non consummate ground and parents force to have arrange marriage so without boy wish marriage performed.
He has to file for divorce on grounds of mental cruelty and adultery
2) make her lover co respondent in divorce case
3) contested divorce proceedings take 5 years to be disposed of
4) if false dowry harassment case is filed apply for and obtain anticipatory bail from sessions court
5) there is no automatic arrest
Dear Sir,My answers are as follows:
1. My brother in law wants mutual divorce, without dragging it for long. How to proceed with that?
Ans: If wife is not agreeing then your brother-in-law cannot initiate mutual divorce.
2. If his wife does not agree to give divorce, then how to get divorce?
Ans: He is having sufficient grounds for adultery by the wife thus he will get divorce.
3. What if his wife files dowry and harassment cases? How we can protect ourselves? My brother in law stays in patna and I stay in banglore, still I can be arrested in this case?
Ans: Immediately he must approach High Court and get stay over such false cases and ask him to get anticipatory bail from Sessions Court. There cannot be any chances of arrest as pre-bail can be taken even prior to filing of FIR.
4. What options do we have to protect ourselves from such cases?
Ans: You must also get pre-bail to be in safer side as his wife may lodge complaint against all the family members including you people.
1. If his wife agrees for mutual consent divorce he can proceed with the same, but if she refuses to agree for mutual consent divorce then he may have to file a contested divorce case on the grounds of cruelty and adultery.
2. Read the above answer.
3. If she lodges criminal complaint for the offences of dowry harassment and cruelty and implicates everyone in the family, then you may have to obtain anticipatory bail and challenge her false case in the trial proceedings.
4. Read the above answer.
How much time it takes to get divorce, if its not mutual? And how we can avoid paying and alimony?
contested divorce proceedings take 5 years to be disposed of
2) if your wife is not working you have to pay alimony to your wife
Need to review case facts and issues. Plus what are the demand of opposite party. The demand may be different of Lawyer and party kindly cross check.
Generally a contested divorce case may take two to three years for disposal.
For claiming alimony she may have to file a separate case with substantial documentary evidences to prove his income.
In that case you can challenge her case on merits.
1. Mutual divorce is possible only if there is a positive agreement between both spouses on issues such as maintenance/permanent alimony, child custody, etc. It takes 6 months if the entire paper work is complete. Now even the cooling off period of 6 months can be reduced/waived off.
2. If his spouse does not agree to do it mutually then he will have to file a petition for divorce unilaterally on any of the grounds mentioned in Section 13 of Hindu Marriage Act.
3. If wife files 498A then seek anticipatory bail or file petition for quashing of FIR in the High Court.
4. Contested divorce cases take around 2 years.
