Yes

Yes

He can be arrested if section is non bailable

you can take anticipatory 

Husband can file for divorce on grounds of desertion and mental cruelty 

2) wife refusing to stay with husband amounts to mental cruelty 

3) wife can file DV case against husband .

4) 498 A can be filed against husband if she has been harassed for dowry 

5)  there is no automatic arrest . Police has to issue notice to record statement of husband under section 41 A of cr pc . Husband can apply for and obtain anticipatory bail from sessions court 

Can he file Divorce ?

Yes he can. The basics of divorce should be understood.

Marriage problems stem from unrealistic expectations, and blaming the partner for failure can lead to long-term pain. Instead of focusing on the partner, work on themself and address the issues within the marriage.People who experience a divorce are anxious and worried that their children's needs will be overlooked.

A divorce is a legal dissolution of a marriage by a court through a decree of divorce. Divorce puts an end to the marriage, and all mutual rights and obligations stand terminated. The parties are free to marry again. To get a divorce one has to prove wrongdoing on the part of the other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other

The following are the Grounds for Divorce under the Hindu Marriage Act, 1955

• Adultery
• Cruelty
• Desertion - continuous period of 2 or more years
• Conversion - to a religion other than Hindu
• Mental Disorder - abnormality
• Leprosy
• Venereal Disease
• Not Heard
• No Resumption of Co-habitation

DV and 498 can be imposed on my wife mother in law and others?

The DV Act provides that the aggrieved person may approach not only the Magistrate but also the Civil court, Family court or any other courts and seek reliefs including protection orders, residence orders, monetary reliefs, custody orders, and/or compensation orders. The D.V. Act has been enacted to provide a remedy in Civil Law for the protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in society.

Doctor can be arrested without notice? What should we do?

No arrests are made automatically. Police officers should not make routine arrests based solely on the commission of an offense. They should conduct an investigation into the complaint's authenticity and the person's complicity, and have a reasonable belief in the necessity of arrest. The police have to issue a notice to record the statement before arrest. It is possible for a husband to apply to the sessions court for anticipatory bail and obtain it.

1.  Yes, he can file for divorce. Before that let him send a legal notice to his wife to join him in his marital life.  If she's not willing to come to her in-laws house, let him file for Restitution of Conjugal Rights in the jurisdictional Court.

2.   Even if she tries to file a false complaint of Domestic Violence and 498a on your wife and mother-in-law, it can be countered since she is not staying with her husband and in-laws.

3.    Doctor can't be arrested without notice.  He may be called to the Police Station for enquiry.

4.    If you anticipate arrest of Doctor and/or family members, obtain Anticipatory Bail, only if the situation warrants.

5.    Convincing the wife to agree for Mutual Consent Divorce, which saves time and money, is the best solution in the instant case.

1. Yes, since his marriage is registered, he can file divorce.

2. Though she can file criminal case, in the given situation it will not be maintainable.

3. The police will first issue notice under section 41a cr.p.c

4. Wait and watch the developments.

1. In the circumstances stated by you, your brother-in-law may file for divorce.

2. A DV case can be registered if prima facie a case of domestic violence is made out.

3. Yes, on the merits of the case.

4. Your brother-in-law, if he fears arrest, may move for advance (anticipatory) bail.

1.  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 , as per Section 125 (4), CrPC , No Wife shall be entitled to receive an allowance from her husband under this section if she is if without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

- Hence, as she is not living with her husband for the last 3 years , then he can file a contested divorce petition before the court 

2. Your mother can file a complaint under DV act

3. Notice is mandatory 

4. As mentioned above. 

Dear Client,

1. In India, divorce laws can be complex and specific to various circumstances. Grounds for divorce are outlined in the Hindu Marriage Act, the Special Marriage Act, and other relevant laws. While I'm not a legal expert, I can offer some general guidance. Irretrievable breakdown of marriage is a valid ground for divorce in India. If your brother-in-law and his wife have been separated for a significant period and there are compatibility issues, he may have a case for divorce based on this ground. Nevertheless in order to make a case, it's important for you to provide specific details of the situation which can be reviewed in lieu of the laws. Additionally, evidence and documentation supporting the claim of an irretrievable breakdown of the marriage, such as attempts at reconciliation or proof of separation, can strengthen his case. Court marriage alone, without the physical presence of the wife, might not necessarily impact the legality of the marriage, but the specifics of this scenario would need to be examined.

2. Domestic Violence (DV) and Section 498A of the Indian Penal Code deal with different aspects of marital and domestic relationships in India. Domestic Violence Act is a civil law that aims to provide protection and remedies to victims of domestic violence. It encompasses various forms of abuse including physical, emotional, sexual, and economic. Under this Act, a wife can seek protection, residence orders, and maintenance, among other reliefs. Importantly, it doesn't only apply to the husband but can include other family members like in-laws if they're involved in acts of domestic violence against the woman. Section 498A IPC deals specifically with cruelty towards a woman by her husband or his relatives. It criminalizes cruelty or harassment by the husband or his family members against the wife. It can lead to imprisonment and/or a fine. Both laws can be used to address different forms of abuse and harassment within a marital relationship. If there are instances where the wife or any family members have faced domestic violence or cruelty, they can pursue legal action under these provisions.

3. In certain circumstances, a doctor can be arrested without prior notice. The legal system allows for immediate arrest in cases where there is a credible threat or evidence of a serious crime, especially those that pose a significant risk to public safety or involve serious offenses. However, arrest without notice is not a routine procedure. Normally, before an arrest, there's an investigation conducted by the police based on complaints or evidence presented. They may issue a notice to the accused person to appear for questioning or investigation. Yet, if the situation is deemed urgent or if there's a risk of the accused fleeing or tampering with evidence, the authorities may execute an immediate arrest.

You can reach out to us for further assistance

1. Yes he can file a contested divorce.

2. Yes, but they won’t succeed as she(your brother in laws wife) has never lived with your wife and mother in law.

3. Not in matrimonial matters.

4. Send a divorce notice through a lawyer t