• Grounds for divorce

My brother got married 3 months ago and they live with my parents . The couple has had irreconcilable differences from day 1 and the wife is always picking fights and torturing him and my family thru emotional abuse and verbal abuse. Her parents come to my parents and started yelling and ran out to the streets and falsely accused my parents and brother for torturing her . post that fight , they found out she is pregnant and since then , she is falsely blaming my family of hurting her and her unborn child and locked herself in my parents bedroom and is refusing any communication and wont let them enter their own house without a third person (our neighbor) being present. please suggest what can be done .. we are very scared she will file false DV charges against the family.
Asked 1 year ago in Family Law
Religion: Hindu

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17 Answers

Your brother can file for divorce on expiry of one year of marriage 

 

2) only in exceptional circumstances can you file for divorce before expiry of one year of marriage 

 

3) if your parents are senior citizens they can file application before senior citizen tribunal and seek orders to direct son and daughter in law to vacate part of house in their possession 

 

4) also seek permanent injunction restraining them from disturbing their possession of house 

Ajay Sethi
Advocate, Mumbai
94932 Answers
7574 Consultations

5.0 on 5.0

Hello

 

You can first initiate counseling for the couple and the family. This can be either between families or through third-party intervention. Our law firm provides services for pre-separation counseling for couples where there is scope for reconciliation.

 

If nothing works out, then you may proceed with filing a complaint at the nearest police station explaining the situation. this will provide you with protection from any future complaints or cases filed by her.

 

Lastly, you can file a divorce petition on grounds of mental and emotional cruelty.

 

Let me know if I can be of any help!

 

Thanks

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Divorce proceeding can be initiated only after completion of marriage, she being pregnant it is more difficult now. You can only file divorce and RCR against her, she can file criminal complaints and civil suits against you and your family. This is reality. There no justice for men in Indian law. You have to adjust with her.

Ravi Shinde
Advocate, Hyderabad
4067 Answers
42 Consultations

5.0 on 5.0

Install CC TV to record all incidents and her false claim of DV.

As of now this is the only option to disclaim her DV charges.

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

  1. From the circumstances, your brother can petition for divorce on the grounds of mental cruelty. 
  2. There can be other grounds too,  but to ascertain that, I would require exhaustive consultation session with your brother. 
  3. Your brother also needs legal assistance to defend him in DV and/or other cases that might be instituted against him. 
  4. Hence, for all these matters, exhaustive consultation is imperative. He needs to visit me for that. 
  5. ९८२०८९७८८४. (nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1550 Answers
5 Consultations

4.4 on 5.0

hello

Firstly your parents can file a complaint before the Senior Citizen Tribunal (Maintenance and Welfare  of parents and Senior Citizens) against the lady, that will surely be very helpful as they provide quick remedy. Secondly you can file a criminal complaint against the lady in your nearby police station stating everything she does and let the police give her a warning first, that will calm down the situation a bit and also you will be the first one to complain which will be helpful in future cases, if any arises.

Sonakshi Monga
Advocate, Gurgaon
6 Answers

Not rated

No doubt the situation would be intolerable for your brother and he may face problems everyday and every moment due to her arrogance and disrespectful behavior.

He will not be in a position to file divorce case too because the marriage is not even one year old, which is a criteria to file a contested divorce case on the grounds cruelty.

However there is nothing to prevent him from filing a judicial separation case under section 10 of HMA on the grounds of cruelty  for the reasons he relies upon.

This judicial separation case may come to his rescue to defend his interests in the false criminal cases that she may be having in her mind to take revenge on them.

 Despite that if she files the criminal complaint then let him obtain anticipatory bail and challenge her false cases in the trial proceedings properly.

 

T Kalaiselvan
Advocate, Vellore
85133 Answers
2216 Consultations

5.0 on 5.0

Judicial separation is also a regular case, and it can be initiated by one person only, the other party to the case can contest/object properly through trial proceedings.

 

T Kalaiselvan
Advocate, Vellore
85133 Answers
2216 Consultations

5.0 on 5.0

You can file petition for judicial separation even if wife is not is willing to agree for judicial separation 

Ajay Sethi
Advocate, Mumbai
94932 Answers
7574 Consultations

5.0 on 5.0

  1. All matrimonial remedies, including judicial separation, can be petitioned for by any one spouse in case of matrimonial rough weather due to some wrong doing of the other spouse. So you must do take recourse to legal remedies as your matrimonial rights as a spouse is being trampled upon by your spouse. 
  2. Kindly make efforts to visit me for detailed consultation and subsequent litigation as piecemeal advice here is counterproductive. 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1550 Answers
5 Consultations

4.4 on 5.0

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further, if the property is in the name of in-laws then they can evict the daughter-in-law and even her husband from their property 

- Since, she is creating trouble for your parents , then they can lodge a compliant as information before the  police and higher official after mentioning her harassment meted to them , and must indicate that she is threatening for filing false cases of dowry. 

- If she is not interested to live with her husband , then she can take mutual divorce . 

Mohammed Shahzad
Advocate, Delhi
13361 Answers
199 Consultations

5.0 on 5.0

Yes

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

Proceeding for judicial separation can be initiated by husband for wife.

Ravi Shinde
Advocate, Hyderabad
4067 Answers
42 Consultations

5.0 on 5.0

Any lady member can also file Dv against her. Your senior citizen parents can also file case against her and evict her

Prashant Nayak
Advocate, Mumbai
32077 Answers
183 Consultations

4.1 on 5.0

1. Is it a tenanted house or owned by the father of the husband?

 

2. The mother in law should file a DV case against her daughter in law.

 

3, If the house is owned by the parents of the husband then they should file a police case against their daughter in law and son and file a Writ Petition before the High Court seeking direction upon the son to leave his parents house with his wife and let his parents leave peacefully. The police can also pray for direction for police protection.

Krishna Kishore Ganguly
Advocate, Kolkata
27227 Answers
726 Consultations

5.0 on 5.0

The husband can file a divorce suit on the ground of cruelty after one year of marriage.

Krishna Kishore Ganguly
Advocate, Kolkata
27227 Answers
726 Consultations

5.0 on 5.0

Dear client,  

If your brother wishes to seek judicial separation, he can file a petition for the same in the family court. Judicial separation is a legal remedy available to a married person who wishes to separate from his/her spouse due to various reasons, including irreconcilable differences or cruelty. However, it is important to note that both parties need not consent to the filing of the petition.

If your brother is able to establish before the court that there are sufficient grounds for judicial separation, the court may grant the same. However, the court may also suggest reconciliation and may refer the parties to mediation or counseling before passing any orders.

With respect to false accusations of domestic violence, your brother and your family may consider taking preemptive steps to safeguard their rights. If the wife threatens to file false DV charges, your brother may consult with a local family law attorney to understand the options available to him. He may also consider recording or documenting any instances of emotional or verbal abuse, as well as any threats made by his wife.

It is important to note that domestic violence is a serious offence and any allegations made by your brother's wife must be taken seriously. However, it is equally important to protect your brother and your family against any false accusations. A family law attorney can advise your brother on the best course of action based on the specific facts of his case.

 

 

 

Anik Miu
Advocate, Bangalore
9020 Answers
110 Consultations

4.7 on 5.0

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