- This topic has 36 replies, 8 voices, and was last updated 1 year, 3 months ago by
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UHi
My sister in law is looking for a mutual divorce but my brother doesn’t want to give her as he is still wants to be with her.
They are married for about 1.5 years though arrange marriage.
They are living seperately from about nov 2024.
Reason of her asking for divorce : incompatibly
As they have huge fights and issues living together.
Women sides is thearting as to agree for a mutual divorce or they will get ugly.
When we go to reconcile thing they did tried to criminal indimidation with bunch of goons butThey can’t actually do anything as we also have some political connections.Now they are forcing us for mutual divorce as they don’t want alimony and just return of gifts.
On what grounds she can ask for divorce if they don’t have any evidence for mental or physical harassment . Also they can’t prove a DV case .
Does court give benefit of doubt to women if they don’t ask for alimony as they are desperate to get seperated ??
We are thinking of filling a case of harbous courpus as we r thinking their parents n brother is manipulating her to leave my brother.
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BLawyer here, based in Delhi. You cannot file a habeas corpus petition in this situation. You can file a case for restitution of conjugal rights.
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UBut she doesn’t want to live with my brother as she is asking for divorce.
Can still court make someone to live with their spouse?-
BNo, the court cannot force someone to live with their spouse, even if a case for restitution of conjugal rights is filed. If she refuses to return, there is no legal mechanism to compel her to stay in the marriage. The only consequence of her refusal could be that it might affect her claims in a divorce case, but if she is firm on separation, the court will not intervene to make her stay. If your brother is unwilling to agree to mutual divorce, she can file for contested divorce, citing incompatibility or other reasons. If you need help with the legal strategy, feel free to reach out.
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PIf she has not yet filed any case test then send a legal notice that she has taken her every thing/jewllery with her and also she had taken yours or your mothers too…
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UShe has not taken anything like jewellery.
But she does asked my brother money around 20k in nov. for some shopping before going to live with her parents.-
PDid your brother gave anything? If she goes to court the court would see if brother pays for her maintenance or not… you can ask your brother to send some money to her 5k-7k so she can survive… and do something keep the transaction details as this will be important. Also send her ticket so she can come back on her own.
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PYour brother needs to do practical things that can clear out his liabilities towards his wife.
1- send her ticket of train or bus so she can come back
2- send her some amount in her back so she can survive 5k -7k and come back to live.
3- do an LIC policy with her as nominee so she can survive if something happened to your brother
4- if she still does not come back then Send her legal notice that she has taken her jewellery and yours too.
5- keep all conversations recorded and in WhatsApp chats.
6- don’t talk about jewellery before sending legal notice.-
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PFile an FIR if you have all the details but that will escalate things… as then they will file FIR and then police will close yours and keep theirs as their is women’s complaint.
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UHi. Was wondering if you can advise about privacy laws during divorce. My parents are getting divorce(25years of marriage) after we (kids) found hundreds of proof of father’s cheating for over a decade after mother asked to check his phone. Mother is devastated and wants divorce. He is saying we (kids) checked and gathered proof illegally without his permission.Sounds bs to us. Do we have anything to worry about for all the pictures/videos/ watsapp chats found on his phone tho? Can we legally keep these for lifetime? Thank you in advance
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BYour father cannot claim a legal breach of privacy against family members in a personal matter like this.
Since the evidence was gathered for divorce proceedings, there is no legal issue in keeping or presenting it in court. However, publicly sharing private conversations or images outside legal proceedings could still invite other claims, so it is best to use them only where necessary.
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LI’m a lawyer practising at high court of Delhi.
Check section 13 of Hindu Marriage Act. There are so many grounds on which she can ask for divorce. Also, the burden of proof lies on you to prove that there was no harassment from your side.My advice is to get the mutual divorce done.
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UCan you give at least one example of that ??
Also , does court favours women if they doesn’t ask for alimony??-
LAdultery, cruelty, desertion, conversion, insanity and certain medical condition.
Court does not favour any gender. The laws are biased against men. She can file a petition for divorce on the ground of cruelty.
Cruelty can be mental or physical. It’s a broad term. It’s better to end things on mutual consent. Life is too short to get involved in such dramas. From experience I’m telling you, it can be a nightmare for your friend.-
UDoes burden of proof for cruelty lies on girl the accuser or the guy accused?
Does mental harassment needs a proof or just word from the girl is enough???-
LBurden of proof lies with a person who is making allegations. Although, a simple testimony would be sufficient to lodge an FIR against your friend. It can be corroborated in evidence stage but till then lots of damage would already occur.
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UThey will not have any evidence apart from testimony.
Does that can still count as evidence and can grant her divorce??-
LIf she doesn’t not wish to stay, nobody can stop her. All the evidence will be examined to prove whether any criminal charge applies on spouse.
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UAre bhai , koi criminal cases h hi nahi h abhi tak to or koi evidence bhi nahi h.
To court kis clause per divorce milega wife ko ??-
LHow can you compel somebody to be with you?
If wife doesn’t want to stay, will you forcefully make her stay with you? -
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UHi. Was wondering if you can advise about privacy laws during divorce. My parents are getting divorce(25years of marriage) after we (kids) found hundreds of proof of father’s cheating for over a decade after mother adked to check his phone. Mother is devastated and wants divorce. He is saying we (kids) checked and gathered proof illegally without his permission.Sounds bs to us. Do we have anything to worry about for all the pictures/videos/ watsapp chats found on his phone tho? Can we legally keep these for lifetime? Thank you in advance
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LAdvocate here.
Bhai tere bhai ko bol ki saste me nipat raha hai, lele mutual consent divorce before it gets ugly.-
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UAap kisiko pyaar karne ko bajboor nhi kar sakte…..
Tell brother ….please divorce her and move on…
your brother will find someone better who will stay his side for life time -
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P1. If he doesn’t want to end the marriage, he can file a petition for Restitution of Conjugal Rights where he will be asking her to come back to his company. This also will involve mediation where he can ask her (only her, not her family) the things that she is expecting from him to continue with the marriage. 1.5 years is a very short time (especially if they are surrounded by family members) to understand each other. [https://divorcebylaw.com/restitution-of-conjugal-rights/](https://divorcebylaw.com/restitution-of-conjugal-rights/)
2. If there is no chance of reconciliation or wife is not willing to take part in reconciliation process, let him take the chance given to him and get divorced. Otherwise he may regret later. [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
For further clarification contact us [https://g.co/kgs/9FCZdj3](https://g.co/kgs/9FCZdj3)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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