How to get divorce from them please help
My brother got married on 15 January 2016, and after two weeks she went back to her home as per the custom.he went to drop her home first time they asked to starting staying them and leave his family..After one month she came back and on little little things she started shouting,fighting and said foul laguauges aganist him and said that we are making her do a lot of work like a maid,tried to insult her..from that day onwards her family started creating mental pressure on my brother and my mother..they gave thread that they will file a false dowry case (never asked any single peny have a proof as they gave statement for what they have given to us by their own) or foul statement aganist us (have audio recording for this)...Second time she again went back to her home as her father was not well and came after some time..she was not involving with family..She hardly stayed at home for a month after marriage.Third time on April 24 or 26th she returned to her home with same reason as mentioned in second and started staying overthere and then gave the news that she is pregnant.Once,She was not well so my brother went to see her at her home overthere she said that my mother want to kill her and she will not come home and threatened him to talk to her Uncle(Lawyer at Haryana Punjab High Court)..without any issue she threatened him and mother again and again..this is creating a mental presssure on all of us..She did not returned home for three months..and insulted my whole family by attempting false statement...then her father called and said to take her back but due to scariness of the threatening we tried to stay away from them as per the law Females case is given much preference.Again few days later, in the month of July, her father contacted my bade papa..decided to meet for resolving the issue and got more than five people (One meditator,her chacha,chachi,dada and dadi) to their home and we also wanted to resolve the problem but there also they (daughter in law family) did not spoke about the actual problem and blamed my mother and brother by putting false statement said by the daughter in law..They were contionusly putting pressure on us and said wrong words and disprespected my whole family... it was a pure mental harrasement on us..after a huge fight it was decided that she will come back without any condition, she will do all household work (which she was not doing previously mentioned above) and her family will not interfere.We decided to get her back after Rakhi Festival..Brother did not knew that they insulted the entire family so he objected to get her back as they said wrong things about us....again they called my bade papa for taking her..so by family pressure my father got her back respectfully to home on 9th September 2016 and next day at night my brother found that she is carrying some black magic material (photos avaiable) at my home without mother n brother knowledge..for clearance we called at her home so they stated by saying "we have given that for her and child safety"..but actually it was got for killing us...as we have installed cameras at home, brother found that she was mixing that material in water which is very very dangerous for my family (video recording avaiable) and other recording where she is saying that she has got for us and stated wrong statement to mother which made her ill and brother as well.She was not able to work properly due to mental pressure given by them..had severe headache..This unscrupulous material in our home becomes difficult to believe her and my whole family is scared she will harm us and the child in the womb.She might kill the child inside by doing black magic on her and blamed us for the same by filing a case aganist us as they keep on saying..My brother is facing a very huge mental pressure.As the conversation with her family, next day we got to know that her father is hospitalized so Mother,younger son, daughter in law,My sister in law and brother in law went to see her father in the hospital (brother did not got leave from office)..but overthere they made her stayed back again...and again threatened to file a false cases aganist my son or me like section 499A,..my brother is already depressed by these activities and said that he will kill himself..this is the fourth time.I am very scared that she can harm my family member and After the whole incident now we have a surity that she is doing this black magic by staying there or coming back home which a threatening to me and my family life..We have all audio recording and necessary video recording where it clearly mentions that the other side is trying to mentally harasse us and make our life in risk.We had made a complaint through a letter where all the things are mentioned.But today evening her (daughter in law ) mother and brother came and started creating issue.My brother well is not well.They have warned that "apne bete ko samjaha lo otherwise decision lena padhe"..please help us how to get rid from this..and how can brother divorce her..We are very tensed..My father retirement is on 31st october 2016 (next month) and if they file some foul case my father pension and job would be in risk..please tell how to deal with it.
Asked in Family Law from delhi, Delhi
1) only in exceptional circumstances can your brother file for divorce within period of one year of marriage
2) brother should wait for expiry of one year then file for divorce
3) rely upon audio and video recordings in support of your case
Sir my Bhabhi does not want stay with my brother and wants to stay with her own family.But they threatening us that they will file foul cases against her as my father retirement is near by .How can save my brother and father retirement and family from them.Can he file 498A to save us?or how to get divorce from her?
Asked 7 months ago
Your brother should stay separate from his family in rented flat
2) it would insulate your family ti some extent from false cases filed by wife
3) your father can obtain injunction restraining sin and daughter in law from disturbing their possession of the house
4) I presume your father is sole owner of house
5) if false 498 A case is filed obtain AB
1. Under the Hindu law a divorce petition cannot be filed before a year from the date of marriage, so your brother has to wait till 15th January 2017.
2. Since you have audio and video recordings to substantiate your allegations you seem to have good prospects of success in the court.
3. If 498A is filed then apply for and obtain anticipatory bail to contest the case on merits thereafter.
No doubt petty and trivial issues got blown out of proportion and has reached to an insoluble state in this state of affair that is happening in yor household.
Since the marriage is less than a year, your brother has to wait for completion of one year to initiate any legal action for divorce.
Your brother shall remain calm and patience without initiating any further action for next few months, wait and watch the developments.
Any frequent mediations by the arrogant elders from both the sides, who instead of resolving the issues are bent on fanning the problems more and more, shall not fetch fruitful results.
The passage of time may bring some respite or even solution to the burning crisis.
If she is still arrogantly adamant even after the waiting period, he may decide to move legally against her.
Sir my Bhabhi does not want stay with my brother and wants to stay with her own family.But they threatening us that they will file foul cases against her as my father retirement is near by .How can save my brother and father retirement and family from them.Can he file 498A to save us?or how to get divorce from her.
Her false cases will not affect yor father's retirement.
If at all she is filing false cases you people should first obtain AB and then challenge her cases properly in the court.