Divorce after 7 years of Marriage
2 years ago
My brother is married for more than 7 years and until now never settled with his wife. First 3 years they never talked about having kids but when he initiated a chat, she would fight and create drama. From last 4 years they hardly had a sex and she will never get intimate.
They don't have any financial liability together. Both are working in India and make decent living (Boy earning more).
With the lockdown, they are living with the boys parents and girl will not talk to her in-laws at all. All day she will in the room, only come out of the room to eat and then go back to room.
No one knows what she does in the room all day, because the room is locked but she talks on phone quite alot. Boy doesn't have access to mobile, banking, email or any other things.
They have regular arguments in relation to her behaviour towards family. She doesn't want to go to her parents house nor she wants to give divorce to brother. He is mentally drained and would like to end the relationship.
what is the process to file for a divorce?
What are his rights to file the divorce?
Does he have to give her alimony to her?
How long is the divorce process?
Thanks
Ankur Goel @ Complete Law Shield
Responded 2 years ago
Your name is not disclosed here so why hiding behind your imaginary brother.
Denying sex is cruelty
Not respecting in-laws is cruelty.
not doing any help in house is cruelty. etc etc
If she doesnt go to parents house then also divorce case can be filed.
but before that you should protect yourself.
you dont have to alimony to her.
Divorce can take 1-2 years for sure.
What is reason of keeping her for 4 years ?
Sidhaarth
Responded 2 years ago
He can file divorce application on several grounds like non consummation of marriage, deemed separation and desertion. She may hardly get some amount as alimony.
Divorce under our laws is not preferred so courts try to resolve the issue before the divorce. So if your brother is not very sure about it then they should file for judicial seperation under Hindu Marriage Act. Then they can file for divorce if he wants to end the relationship. The Divorce process under normal circumstances can take for 8 months to one year.
If this was helpful to you then please rate my answer. Thank you
Ayantika Mondal @ Prime Legal
Responded 2 years ago
If your brother is unhappy with marriage then he can file for divorce under section 13 of hindu marriage act but if he is not sure it is recommended to judicial seperation under section 10 of hindu marriage act. And your brother and sister in law can try couple counselling because divorce is a long process and your brother has to pay alimony to your wife.
If you find my answer helpful please rate my answer. Thank you
Nishant Singh
Responded 2 years ago
"Denying physical contact or sexual intercourse to one’s spouse for a long time without justification amounts to mental cruelty to such spouse and the said victim is entitled for dissolution of marriage on grounds of cruelty.
Your brother have a right to file the divorce petition under section 13(i) (a) of Hindu Marriage Act or Other applicable law on the ground of Cruelty.
You brother can approach through advocate to the District Family Court situated at, where the couple last reside together or where the wife reside or where the marriage was solemnized, by filing divorce petition on the ground of cruelty and other grounds.
Your brother's wife can claim maintenance. According to the courts, even if the wife is employed, she is entitled to the same status and standard of living which she used to enjoy at her matrimonial home. But its totally depends of factors presenting before the courts.
Contested divorce is a time taking process, ranging 2 to 5 years or more years, because of complications and possibility that either party can challenge the decision in High court and Supreme Court. Its better first try for mutual consent Divorce, it will not take more then 6-7 months. You can also approach to Pre-Litigation Centers situated at District courts and High Courts, where you can settled the matter amicably in respect of alimony, maintenance, mutual consent divorce and other issues.
Thanks with best regards
Nishant Singh(Adv)
Ankita Jaiswal
Responded 2 years ago
Rpy here
About maintenance or alimony that will depend on the earning capacity of the wife and since she is also earning so, I don't think there will be any pressure on your brother to pay.
The Procedure takes more than 2 years depending on how much cooperation the parties are making and what is the workload of the court.
You can also read and know more about divorce in the following blogs;
https://www.vidhikarya.com/legal-blog/divorce-under-hindu-law
https://www.vidhikarya.com/legal-blog/how-to-get-divorce-in-india
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