Family Divorce | Please any one Suggest me Family Divorce | Please any one Suggest me

2 years ago

my brother got a proposal of her friend to marry but my father reject to marry her my brother sharedd everything about this and also financial issues in house that we have 50L debt My brother wife making us so much of trouble my brother works in different country due to my father death they came to India at that time my brother's wife is pregnant after all ceremony of my father my brother went to work .from that time she tortured my brother if u not come I will die I will kill baby and all...at last because of her headadh he left job which cost lost of 2 months salary pay of 3 lakhs and after coming also she began same because of her ugly words linking illegal affairs with mother ,sister and cousins even with born daughter my brother hit a glass which lead to cause of death on god grace he missed on last stage after that 1 week she act as normal again same on the second time my grand mother got high BP doctors asked to admit in ICU on god grace she recovered My brother got new offer in other country she said ok first later all these issues happened when the time of going there her family members discussed and say sorry they went happyly only after reaching there again same thing happening She said I want divorce lots of times my brother convined her because of Child we need to stay together...after goingin there also she behaving same As we confirmed that she is not suitable to us but we need that child as we seeing her like our father because she born after our father death How can we proceed

As she thinking i will get half assets of my father All assets are under debt and power of alter is on my name not by my brother because the debt is on me and land only What will happen if we go for divorce
she saying all false she provoking my brother she not recording that after my brother raise voice she started recording she said that after going indi I will make all into police stataion who support us at the time of sit and talk time
We filed a case on her brother's at the time of my father function they came and beaten my brother ..is that case come into consider if they file care or anything Please suggest as I don't know what to do in legal way I am 22 years old...I brother is in confusion of job and debts and her wife Please suggest anyone



we need small suggestion


1. As we not taken Dowry also how much should we pay as almony if we want divorce
2. We need That Child as we Seeing our Father in her...what should we do to get her

Please Any one Suggest me

Anik

Responded 2 years ago

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A.Dear Client,

1.The amount of alimony  is determined by the following factors:

a)Total monthly household income before taxes for both spouses.

b)Both spouses have a similar educational background.

c) The number of years you've been married.

d) Child custody and the number of children.

A maintenance amount equal to 20% to 30% of the other spouse's total monthly income can be paid to the spouse with less or no income. According to the Supreme Court's ruling, alimony payments should not exceed 25% of the husband's earnings (monthly payout).

2. For the child's custody, the father should file a custody case. Custody can be granted easily if:
 if the mother is unable to care for the child.
a) the mother has a bad reputation that could endanger the child
b) the father can show that the mother is financially incapable, it will have an impact on the child's future upbringing as well as his financial ability to care for the child.
c) the father can demonstrate that the mother's background is shady and that the child's upbringing or mental and physical development would be jeopardized if the child stayed with her

Thank you
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Anonymous

Replied 2 years ago

1. If Brother Has no Income what should will be consider to give her as almony for onetime settlement

2. We having Some Recording of her mentioning that i will kill kid and all is it helpful to get Child

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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Most of the laws are in favour of married women and she is empowered to lodge any number of false cases against you and thus you have to face many troubles. Try to understand the situation and take her to family counselling etc otherwise get ready to fight legally but getting child custody is very hard.

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Anonymous

Replied 2 years ago

1. If Brother Has no Income what should will be consider to give her as almony for onetime settlement 2. We having Some Recording of her mentioning that i will kill kid and all is it helpful to get Child

Post Your Matter Post Your Matter

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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

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A.Dear Client
1. The alimony has to decided by and between the spouses if they file a mutual consent divorce and depends on the mutual agreement. In case of contested divorce the alimony will be decide by the court by looking at the earnings and financial condition of the husband.
2. To get the child custody you/father has to file a custody case in court but be advised that till 5 years of age a child cannot be taken away from the mother.
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Anonymous

Replied 2 years ago

1. If Brother Has no Income/or less income /and we having debts on house around 30-40L is court consider all these
2. We having Some Recording of her mentioning that i will kill kid and all is it helpful to get Child

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