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Q. Unbonding with wife

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Anonymous

posted 2 months ago

question iconUnbonding with wife

Hi, My brother-in-law got married in 12-Mar-2021, since 14-Mar-21 his wife forcibly to separate living from his mother and sister. In May, his wife filed a compliant in women cell and decided to separate with wife but nearby his Mother. After few days, she mentally tortured him from day 1 to till now. Also 2 time fake FIR complaints against him. Would you suggest in this situation how can we save him and how can he take divorce from her? Thanks

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Anik

Anik

Responded 2 months ago

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A.Dear Client,
Yes, your brother can opt for divorce as it is settled precedent of Supreme Court that if wife file fake FIR and the allegation are proved false and baseless, the husband can take divorce on the ground of cruelty by life partner.
Thank You.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

Responded 2 months ago

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A.As per the verdict of the apex Court, if a wife tries to separate her husband from his parents and relatives,that is cruelty exercised upon the husband and sufficient ground to file divorce by the husband after atleast one year of separation period.

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Kishan Dutt Kalaskar Retired Judge

Kishan Dutt Kalaskar Retired Judge

Responded 2 months ago

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A.Dear Sir,
If marriage is not consummated or any other medical grounds are there then he can file divorce which is called as annulment of marriage otherwise he has to wait for 1 year from the date of marriage then can file divorce on the ground of desertion and cruelty.

I could have explained more if background is known to me.

Please give me FIVE STAR if satisfied by my answers .

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Read Related Answers

question iconi got an sms on my mothers number staing pwdva appln
Dear client, it is recommended for you to hire a lawyer as those sections of the act does not confer with the offences or their relation. Note that domestic violence cases are cognizable in nature so you can not settle out of court when the case has already been filed. If the summons stage is not over then send a reply notice and approach the court to avoid an ex parte order. Thank you
question iconMental abuse,Mental torture,
Dear Client, There are no direct laws which can be used in such scenario. You can file a complaint to police under Section 425- Mischief of IPC to seek some relief from these rude and asocial behaviour.
question iconMental Harassment
You are entitled to lodge FIR against your husband in the local police station u/s 498A of IPC,1860, as amended up to date for the mental torture and cruelty exercised upon you by your husband. On proof he shall be punished with imprisonment which may extend to three years and with fine.
question iconHow to get a bail
Dear client, He can file for bail for the arrest warrant issued and this is possibly the only way out as of now. You can get depending on the judge but if you show the desperate situation of your mother then it can be granted as soon as possible. Thank you.
question iconcase referalls
Dear Client, There is no law prohibiting you from doing this. So, you can use it if you wish but usually ongoing cases will not be accepted as the case is still running and it can affect the final decree of the current case. Thank you. Have a nice day.
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