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
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 3 years ago in Family Law from Chennai, Tamil Nadu
She has failed in 11 subjects. Each semester she had arrears that is she has failed 11 subjecta from first semester. They have cheated us by not telling this. Her character also doesn't seem to be good. This is 100,% true. They both lived together for 24. Days. She is not pregnant. She has blamed my brother that she is not a man.
For Us studies doesn't matter. She has cheated my brother and Us. How to apply for divorce and how long it take to get?.
Asked 3 years ago
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.
Thank you sir. We don't want any of her money and gold jewels. We have kept it safe to return her. Her parents gave it to my brother for marriage and got his sign that he had received 2 lakh. We are ready to give all her jewels, money, her dress , her eating plate everything. Could they take any action against my brother?. Will it affect his career since he is working in foreign country. 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?. They won t have proof for 55 poun. 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?. My brother is disappointed that he couldn't even live like a normal man life. If she could lie in this simple issue, what could she do in future , we don't know. Pls tell us whether they could give complaint against my brother or father or mother?. They won't have proof of those 55 poun gold . we are ready to return every single penny of her for leaving my brother. Thank you.
Asked 3 years ago
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.
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.