Marriage problems Marriage problems

5 years ago

My brother's wife abused my mother, brother and my father.
She does not do any household chores and her parents interferes alot in our family matters, she calls at her home 8 to 10 times as day and is not getting along with my brother.
How can we file a divorce if her parents are not ready??

Adv Shrikiran B

Responded 5 years ago

A.Dear,

First of all, ask your brother to have a discussion with his wife and in-laws and see if her behavior changes. If still she is adamant on living on her terms and continue to harass your brother and your family, advise your brother to seek mutual consent divorce. For this, she may demand money to give consent for mutual consent divorce. If you can settle her with the money she is demanding, fine, the divorce will be over by 6 months and your brother and your family members can live peacefully thereafter. However, the monetary demand of your brother's wife is not within your reach, ask your brother to file for contested divorce. For filing divorce, your brother's wife's parents' consent is not required.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
Firstly your mother can file a case under DV Act against her daughter-in-law under recent Supreme Court judgment. Secondly your brother can file divorce case on the ground of cruelty.
============================================================================================================
All women in household deserve protection under PWDVA
22 Sep2010by videv Leave a Comment
When laws are made to satisfy whims of a few feminazis, the result is such litigation as in this Delhi case below. It is to the credit of few judges who come out with such judgments every once in a while which puts brakes on the onslaught unleashed by Domestic Violence industry. Some excerpts of the judgment are below followed by full text later:
The misuse and abuse of the Act is a
matter of serious concern for the courts who are required to be
careful and ensure that a woman petitioner is not made a puppet
or pawn in the hands of her male relatives so as to manipulate
the Protection of Women from Domestic Violence Act, 2005
and use it for ulterior motives.
…
At the very outset I may observe that merely because
the revisionist no.3 Smt. Sarika Mehta happen to be the real
sister of the husband of present respondent would not ipso-facto
imply a domestic relationship to the extent as contemplated
under the Protection of Women from Domestic Violence Act,
2005 as she is residing separately with her own husband and
cannot be deemed to be a member of the shared household as a
joint family.
…
Making wild allegations against an unmarried sister-in-law of a
tender marriageable age by an estranged wife of brother
tentamounts to inflicting violence upon her and it is the duty of
the court to ensure that she is protected from the same.
Full judgment text below:
————————————————————–
IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS
JUDGE-II (NORTH-WEST) ROHINI COURTS: DELHI
Crl. Revision No. 367/2010
1. Santosh Kaur
W/o Sh. Mohan Lal Kashyap
R/o 6-D, Janta Flats, Satyawati Colony,
Behind Laxmi Bai College,
Ashok Vihar, Phase-III,
Delhi.
2. Ms. Ritu Kashyap
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Vidhi Samaadhaan Vidhi Samaadhaan

Nirmal Chopra

Responded 5 years ago

A.Consent of parents is not relevant for the purpose of seeking divorce.
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