• Divorce case

My brother got married 5 months back. He is working in a foreign country.he came for the marriage. The girl was studying in college and promised to marry aftr she finishes her college. 
The girl's family told us that she finished her B.E. and married to my brother. Because all we wanted is a Engineer girl who can work.she told she has got good scores when we asked her before her marriage. 
We asked her certificates for applying job and joining courses. But she didn't give.jus one hour before my left for his flight, her own brother in law told my brother that she has failed in two subjecta. We were shocked since she hasn't told anything to my brother or to us about her studies.
They took her to their home aftr my brother left for foreign country. She didn't come back . my brother felt very disappointed because of the feeling that he got cheated. 
Aftr few days they gave the number to third person and called my mom and dad .they talked in a very bad way. They talked like my brother is not a guy at all.they spread the news around the 
Everywhere.
Then they called for a comprise through relatives. Finally they said by themselves that they want to separate. Girl also told that she didn't not want to live. My brother also want to leave her. They asked for two weeks time for other things discussion.
Aftr 3 weeks , we came to know that they have sent the notice that they put 55 poun gold 1 lakh money to my brother. Where as they give 15 poun gold and 2 lakh money. Moreover we never insisted her to get money. 
We have registered the marriage now. 
What should we do further into this?. 
How to get divorce from her?. 
What are the complications involved in it?
How long should we wait to apply divorce?.
And to get divorce?. 
Pls guide us.
Asked 1 year ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
First of all it is hardly 5 months from the date of marriage so your brother has to wait for atleast one year after the date of marriage to make any move for divorce either through mutual consent  or by contested divorce. 
Now, the  issue is about the  dowry amount that  you have accepted to have taken 2 Lakhs, if you are insisting on divorce, you may have to be ready to return that money besides all her articles including  the  gold jewels held in your house. Wait for completion of one year from the date of marriage. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
Could they take any action against my brother?. Will it affect his career since he is working in foreign country?

If they decide to take any action you cannot stop them from doing so, of course it will not affect his career in the foreign country until he is not coming back to India to attend the case proceedings 



They have sent a notice to my brother that he has to come to court next month. We want my brother to be safe without affecting his career.  Will they b able to take false complaint against us?. 

What notice from court? whether it is seeking maintenance or seeking restitution of conjugal rights?If  they decide to lodge false complaint against everyone with the police, they can very well do it but be very careful to not to provoke them or prompt them to move police station with  false complaint. 


Also we have audio recording of their family saying that the mistake is with them and they want to get separate.  They dont have idea of sending their daughter to us. They seem to tit for tat for my brother.Could we produce audio recording in future in court?.
This audio recording cannot be considered as an evidence before court, you may have to look for something which is substantial. You have to challenge their allegation during trial only by drilling her with questions during cross examination. 


. we are ready to return every single penny of her for leaving my brother. Thank you.
You signify that you are ready to return everything, this will make  them  satisfied about the safety of their property and it may safeguard your interests too. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
1) you cannot apply for divorce unless period of 1 year has elapsed from date of marriage except in exceptional circumstances 

2) divorce by mutual consent is the best option 

3) if wife refuses to agree for mutual consent divorce your brother can file for divorce on grounds of mental cruelty 

4) contested divorce cases take around 5 years to be disposed of 

5) wife may file 498A case for dowry harassment and also domestic violence case 

6) your brother should obtain anticipatory bail if  498A case is filed 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1)send demand draft to girl  parents  of Rs 2 lakhs received from them together with covering letter that you are returning Rs 2 lakhs given at time of marriage . it would be advisable to do so in a meeting with her family 

2) similarly make list of gold jewellery received and obtain signature of wife in presence of 2 witnesses 

3) wife will have to prove that 55  pound gold jewellery was given at time of marriage 

4) audio recordings are admissible in evidence 

5) as mentioned earlier they can file complaint under section 498A against your brother , family members 

Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. Your brother can file for divorce on the ground of cruelty against his wife.

2. She may hit back by filing false cases of dowry harassment and domestic violence apart from maintenance, which your brother can contest on merits in defence. He should obtain bail as soon as the criminal case gets registered so that he does not have to face the ignominy of arrest. 

3. Audio recordings can be used in the court.

4. You cannot stop them from filing the complaint, but you can contest the complaint in defence.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1. Rupees One lakh or two Lakhs, taking dowry is a punishable crime,

2. It does not matter whether it was asked or not, the evidence that dowry in the from of cash was taken is enough to be prosecuted,

3. So, never ever admit that cash was accepted. If the cash was accepted through cheque, refund it by RTGS to the account no. from where it was credited,

4. If you have any evidence that she had informed you that she has already passed engineering, then you brother can file a petition for annulment of marriage for availing his consent of marriage by suppressing the vital fact and had it been informed to him, he would not have agreed for the said marriage,

5. If there is no such evidence, then wait for one year of completion of marriage after which either he can file a divorce suit or can negotiate with the girl and file a mutual consent divorce petition.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. As advised in my earlier post, your brother can either file a divorce suit or negotiate with his wife and file a MCD petition which will be disposed of within 6 & 1/2 months of its date of filing and for both the cases your brother shall have to wait for 1 year from the date of marriage for filing those suit/application,

2. He can also file a petition for annulment of marriage immediately if he has evidence that he has been cheated by his wife.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. taking dowry is an offence. Desiring to return the same does not dilute the offence. However, return the amount by RTGS as suggested in my earlier post claiming that it was actually gifted to her by her father for opening a SB account in her name which is now returned. Never admit that dowry was accepted,

2. She can certainly lodge a dowry harassment complaint against your brother and his family members and if such complaint is proved ( which is in normal case hardly proved ) the accused will be penalised as per law,

3. It will be prudent on the part of your brother to write to her calling upon her to collect all the streedhan she has left at your house,

4. Your brother can execute a POA in favour of any of you authorising you to represent him in contesting he cases filed against him. Such POA is to be attested by local Indian Consulate.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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