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P1. Check the pre-requisites & procedure for Contested Divorce here [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
2. Check the pre-requisites & procedure for Mutual Consent Divorce here [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
3. Sending a notice is not mandatory for divorce cases, you can directly file the petition. If you have completed 1 year of marriage and you have been living separately you can file contested divorce. You can also file Mutual consent divorce considering that even when you lived under same roof, the relationship was not cordial. [https://divorcebylaw.com/is-it-mandatory-to-send-a-legal-notice-before-filing-a-divorce-case/](https://divorcebylaw.com/is-it-mandatory-to-send-a-legal-notice-before-filing-a-divorce-case/)
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**Disclaimer:**Ā 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.
P1. Yes, you have to get a divorce decree from the court even if your marriage is not registered.2. If you are going for mutual consent divorce, you both will decide how your assets will be divided between the both of you.
3. If you are choosing to get a divorce done in US make sure your wife also actively participates. In other words, don’t go for one-sided divorce. If your wife has actively participated through an attorney/ counsel, then that decree will be held valid in Indian Courts/ authority.
4. For Mutual Consent Divorce in India, you can go through the procedure here [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
5. For further clarification you may contact us [https://g.co/kgs/wW9E6Gm](https://g.co/kgs/wW9E6Gm)
**Disclaimer:**Ā 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.
PIf you are informing your wife and then sending the notice to the landlord with her consent is fine. But if she refuses and insists that she doesn’t want to leave the city, how are you going to take her along with you?What you have stated above doesn’t violate any written law/ rule. But free consent of another individual also must matter. You can go back to your hometown alone for some time. Give her some more time to make up her mind. Otherwise, if you are compelling her to join you, it may cause lot of mental stress and trauma for her, that could be a basis for domestic violence.
[https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/](https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/)
for further clarification contact us [https://g.co/kgs/wW9E6Gm](https://g.co/kgs/wW9E6Gm)
**Disclaimer:**Ā 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.
P1. If you do not want your wife to trouble your mother, your mother can file a domestic violence case on your wife seeking protection orders for her not to disturb the peace/ not to enter the house. She can file a private complaint in the court. You have to show some evidence of her cruel nature/ physical abuse/ verbal abuse etc. But filing this case may disturb your relationship with your wife further. [https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/](https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/)2. If you do not want to continue to be married with her, you can file a divorce case on the grounds of cruelty. You have the evidence to prove that. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
3. If she is also not interested to continue with the marriage, you both can file a joint petition seeking mutual divorce. [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
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**Disclaimer:**Ā 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.
P1. Adultery is no longer a crime, BUT STILL A GROUND TO SEEK MATRIMONIAL REMEDY. She can seek contested divorce on the grounds of adultery and cruelty. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)2. She can still ask for alimony for all the pain she is going through. [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
3. She can still file for child support.
4. What is out of court settlement here? If they are referring to mediation, it is fine going through mediation to get the issue resolved quickly. but doesn’t mean that she has to compromise on every aspect. She can ask for alimony even if it is through Mediation.
5. She can change the lawyer, if she feels she’s not advised or her interests are not taken care of.
6. If husband doesn’t agree for her terms & conditions of Mutual Consent Divorce [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/), she can file for contested divorce.
For further guidance she can consult us [https://g.co/kgs/wW9E6Gm](https://g.co/kgs/wW9E6Gm)
**Disclaimer:**Ā 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.
PFile a police complaint and seek protection from them. The complaint against him under Domestic Violence Act can also be filed, but him not living with you for many years may give him an advantage to dismiss the case.Your mother can file for divorce on the grounds of cruelty and put a full stop for his antics. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
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**Disclaimer:**Ā 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.
P1. She has asked for Mutual Divorce, go ahead and file the joint petition. Six months waiting period can be waived off. You can get divorced in a week or two weeks’ time. If you have decided, don’t ponder on it for any longer. [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)2. Don’t involve your family right now. If her family also gets involved, things may take an ugly turn. Inform them only after you get the divorce decreed.
3. For your satisfaction (for safety) keep some evidence of your wife having an affair or ask her to send an email mentioning the reason for going for Mutual Consent divorce. This is not necessary if you both are matured enough to end the marriage in most civil way possible.
For further clarification contact us [https://g.co/kgs/3SEGnKA](https://g.co/kgs/3SEGnKA)
**Disclaimer:**Ā 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.
P1. Ask for lump sum, there are chances that after few payments, he will stop. again you may have to file execution suit to make him pay the EMIs. It will add to unnecessary costs and delays. He can directly make the payment to the loan account.2. If he has met someone and he is in hurry, it is advantageous for you to stick to your demands and make him pay.
3. Before separation, were you both sharing EMI? If you are going for a Mutual Consent Divorce or settling the Contested matter through mediation, it is up to both of you to decide on sharing of the EMI liability. If you are going to contest this matter, then the court will consider assets & liabilities of both the parties and decide on the merits.
4. Make sure the immovable property is transferred fully to your name before the divorce is decreed.
For more clarification, contact us [https://g.co/kgs/3SEGnKA](https://g.co/kgs/3SEGnKA)
**Disclaimer:**Ā 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.
P1. Petition must be filed by the one who was forced into the marriage against the other party. Again evidence is important. If the person claiming force can be seen happily participating in the wedding ceremonies (in the videos & photographs), it won’t hold.2. Annulment is a civil suit, one party filing against the other. There is no question of consent from the other. If there is consent from the other, it is considered as collusive suit, which will be dismissed by the court.
PGenerally for matrimonial cases, the evidence is not strictly considered while deciding the cases. However, it is up to the discretion of the court. But the Annulment cases are like any other civil suit where the evidence has to be provided by the party claiming so. The petitioner claiming that she/ he was forced into marriage, she/he has to show some evidence in terms of messages exchanged or conversations recoded or videos where she/ he was forcefully got married off, etc.With the facts shared here, your cousin cannot claim ‘consent obtained by force’. He can see if there is any fraud played by the bride’s family.
Examples of fraud (as per precedents):
**1. Ananth Nath Dev Vs Lajjabati Devi AIR 1959**Ā āĀ *it was not disclosed during negotiation of marriage that the bride was suffering from tuberculosis*
**2. Tarlochan SinghĀ VsĀ Jit Kaur AIR 1986**Ā āĀ *concealment of the fact that the wife was suffering from schizophrenia before the marriage would lead to grant of a decree for annulment of marriage as it amounts to matrimonial fraud.*Ā
**3. P J BooreĀ VsĀ Valsa AIR 1992**Ā āĀ *concealment of vasectomy by the husband to the brideās party constitutes fraud. It has observed therein that one of the sublime objects of married life is to have offspring.*Ā
**4. Gitika BagchiĀ VsĀ Subhabrata Bagchi AIR 1996**Ā āĀ *the concealment of overage by three years showing her to be younger than the respondent constitutes fraud.*Ā
**5. Sujatha Vs Hariharan 1995 (II) MLJ 327 (DB)**Ā āĀ *A fact concealed must be of such nature which affects ordinary marital life. Non-disclosure of an eye defect curable by proper treatment cannot be said to be fraud. Hence annulment on that ground cannot be granted.*Ā
P1. It seems to me that you both are not willing to live with each other. In that case Mutual Consent Divorce is the quickest way to get divorced. If the cooling off period can be waived off by the court, you can get divorced within a week or couple of weeks max. Since you are living separately for a very long time, there shouldn’t be any issues in waiving off the cooling period. Check the other pre-requisites and process here [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)2. For contested divorce, having a ground on which you claim divorce becomes necessary. this is time consuming. If your husband does not agree to settle the issues through mediation or if he keeps taking time at every stage of the proceedings, it does take inordinately longer time to get the matter settled. Check if you have any grounds based on which you can claim divorce, [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
3. For further clarifications, please contact us [https://g.co/kgs/fR1qfE2](https://g.co/kgs/fR1qfE2)
**Disclaimer:**Ā 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.
P1. Yes, for thee divorce either contested or mutual, the completion of 1 year from the date of marriage is mandatory. Read the pre-requisites for Mutual Consent Divorce here [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)Check the grounds for contested divorce here [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
2. For annulment of marriage – strict proof of evidence is needed.
**Consent of the petitioner obtained by force or by fraud** A fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. It is a deception in order to gain by anotherās loss. The fraud can be actual or constructive.
**Conditions to use āconsent obtained by force/fraudā as a ground seeking annulment:**Ā
i) The petition must be presented to the court within one year from the time the fraud was discovered; or
ii) The petition must be presented to the court within one year once the force is ceased; and
iii) The petitioner with his/ her full consent must not have lived/ continuing to live with the other party after the force was ceased or the fraud was discovered.Ā
By this explanation , it is clear that your cousin’s wife can file a suit for annulment that she was forced to marry your cousin, not the other way around.
[https://divorcebylaw.com/annulment-or-nullity-of-marriage/](https://divorcebylaw.com/annulment-or-nullity-of-marriage/)
3. I don’t see any way through which your cousin can claim compensation for the marriage expenses, if the bride’s side has taken care of the marriage expenses as such. But if there are any valuable gifted to the bride/ her family by the groom/ family can asked to be returned.
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**Disclaimer:**Ā 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.
P1. Go to the police station and ask your sister to file Domestic Violence case against him. Let her make a note of the dates & Time (approximately) when he had physically hurt her. There she has to give her statement (she can prepare it at home also, so that she has enough time to think and mention most of the incidents, at the end she can state there were many such incidents). She can seek for protection for herself and for her children while filing the case in the police station. [https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/](https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/)2. If in case, the police dilly dallies to take the complaint and file FIR against your BIL, you can call the Office of the Superintendent of Police or Commissioner of police stating that the police are not registering FIR. They will do the needful.
3. In the court, your sister can file a maintenance case asking for maintenance for herself and for the children. [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
4. In case police has not charge sheeted your BIL or filed a B Report and closed the case, your sister can file a domestic violence case in the court, seeking protection and other such remedies.
5. If your sister still has any physical injuries from the abuse, you take her to any hospital nearby and ask them to register Medico Legal Case (MLC). In future, if your BIL physically hurts her or anyone else in t he house, go to the hospital and ask them to register MLC. With one MLC there need not be any action taken. But it can be used as evidence later in the criminal cases.
6. Your sister can also file for Divorce on the grounds of cruelty, if she wishes to. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
For further clarification contact us
**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.
P1. For the custody of your children – File a case under G&WC asking for sole custody of children, reason being the mother leading an adulterous life with other man/ men. Keep the CCTV footage & rental agreement saved. The court considers the welfare of the children to be the paramount while deciding the custody cases.2. After filing the custody case, contact her paramour’s wife and inform her about the affair.
3. In the domestic violence case, make a submission with these evidences of her having illicit relationship with another married man. [https://divorcebylaw.com/cruelty-against-husband/](https://divorcebylaw.com/cruelty-against-husband/)
4. file a divorce case on the ground of cruelty (filing the DV Case & other incidents of cruelty), Adultery, and any other relevant ground. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
IMPORTANT POINT – when a spouse is caught cheating, the other spouse ought to take action immediately. If you delay or confront her/ him first and then give some time for them to regret or settle things, the adulterous spouse somehow takes upper hand and all the blame game ensues. They get enough time to convince the family, friends & children to believe them and make the other spouse guilty. People who live in adultery generally have a very cheap character.
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**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.
PAbout finances – it looks like they did not speak about it before getting married. It’s her choice if she wishes to give money to her parents. But she should have been openly discussed with your brother. It is very clear that your brother doesn’t agree with this. Now, he has to communicate that to her clearly. Or they have to come up with a plan to meet at the mid point where a cap can be put on how much she can spend on her parents. These things can be done through the help of a unbiased, independent mediator.Depression does not amount to unsound mind. His wife cannot claim divorce based on that. But your brother can claim that he is gone into depression due to mental cruelty perpetrated by his wife. He must be having medial reports to prove, if required.
Having genital herpes can be considered as venereal disease. If it is in the communicable form, which affects the intimate relationship between the couple could be the ground. Since it can be treated, your brother cannot claim this to be the sole ground for divorce. it can be used as one of the grounds. But the important part is how did she get it? If there’s any adultery angle, that needs to looked into. As there are rare chances that the genital herpes could be transmitted through other modes, your brother may not be able to claim adultery unless and until he has some proof.
If your brother is insisting on divorce he can file on the grounds of Cruelty (mental, financial, emotional, unable to have intimacy due to STI), and Irretrievable breakdown of the marriage.
[https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
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**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.
