• Divorce

My elder brother is a central government employee.He got married on 09.11.2011. Since then there has been no.of times she quarrelled with him and my parents. Later on 04.07.2014 they had a male child at nursing home near her parental house but due my sister-in-law's progressive ill health her parents insisted of coming back to our house. Then after a proper diagnosis for one month her condition improved and she was diagnosed with Systemic Lupus Erythomatosis. Then she slowly improved. But on February 2015 her parents insisted of taking her back to her parental house for few days. But then she never returned and refused to come back. Then my brother went to her place but she said she wants separation. Later that year parents went to her place three times september, october and december, but all efforts gone in vain. From January 2016, my father became ill and since then he is suffering from lungs cancer. Though we tried to communicate through message but they didn't responsed. Later my brother sent her two letters on February and April  that time again we didn't receive any response. We also have reported the matter to our local police station andgot it registered in diary. Later we consulted a lawyer and he sent a letter  on June 2016 to come back . But this time again they didn't respond. Now on 16.09.2016 , my brother filed a case for divorced. Later on 22.10.2016 I.e this month my brother received a letter from court regarding a new case registered by them for maintainance expenses. Now what shall we do. When he wanted her to come back, she didn't and now she wants maintenance expenses. What shall we do to avoid maintainace expenses.
Asked 1 year ago in Family Law from Kolkata, West Bengal
Religion: Christian
1) your brother is entitled to divorce on grounds of desertion and mental cruelty 

2)  wife has deserted husband  without sufficient cause 

3) wife can seek maintenance for herself and child 

4) court would award her maintenance since she is not working and unable to maintain herself 

Ajay Sethi
Advocate, Mumbai
44428 Answers
2582 Consultations

5.0 on 5.0

1The divorce case can be prosecuted by your brother on merits, whereas he can contest the maintenance case instituted against him. He can repel the claim of maintenance if he has evidence to prove that his wife is self sufficient or left the matrimonial home without sufficient cause. This is the only way  he can avoid the liability of maintenance.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

It is because of the divorce case she on provocation has filed this maintenance case against your brother. 

Well since you  have evidence for having made best efforts for reconciliation and live with her together, it was she who voluntarily abandoned the matrimonial home and refused to return, hence your brother can firmly repudiate her claim for maintenance.

This is just summons stage, let the case be posted for trial during which your brother can challenge her maintenance claim case properly.
T Kalaiselvan
Advocate, Vellore
34561 Answers
372 Consultations

5.0 on 5.0

1. Well, there is nothing to worry. It is aere maintenance case and since your brother;s wife is unemployed she is entitled to maintenance for herself and child.
2. So your brother will have to provide her maintenance.
3. However of your brother is willing to take her back he can again put such proposal and bring his wife and child. It is always better later than never to reunite with family.
If your brother is not willing not to take her back , he can not avoid maintenance.
Feel free to contact.
Devajyoti Barman
Advocate, Kolkata
12561 Answers
161 Consultations

5.0 on 5.0

1. She has filed a maintenance petition before the Court which your brother shall have to contest fittingly with all the evidence that she herself had left her husband's house without making any complaint whatsoever to any body for which she is not entitled to any maintenance.

2. She won't be entitled to any maintenance if she is employed.

3. However, she is likely to be awarded interim maintenance shortly before her maintenance petition is finally disposed off.

4. Engage a local  having expertise in this field to contest the maintenance case by submitting all the evidence you have at your disposal to prove that she left your house of her own without any reason whatsoever.
Krishna Kishore Ganguly
Advocate, Kolkata
18164 Answers
438 Consultations

5.0 on 5.0

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