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Need to know how to proceed with divorce without mutual consent.


24-May-2023 (In Family Law)
Dear Sir/Mam  . This is regarding my younger brother. On 30/apr/2015 My brother got married and after few days of his marriage his wife told that she did not like him and his family and want to go home for forever. we got afraid and thought that might she blaim us for dowry . So for precaution I write a note in which I mentioned that She is going by her own wish and their is no demand of dowry from our side . The reason for leaving home is that she did not like her husband and family of her husband. She signed that note and her father also signed as a witness. after 4 months her father called us and said that she was not well at that time thats why she told all these things . and now she is ready to come. We agreed and take her back to our home. But her behavior was not good towards her husband and to our family . But we ignore that behavior. In December 2016 she become a mother of a baby boy. but after one month she again started same
Answers (5)

Answer #1
660 votes
पहली बात तो यह कि जो भी आपने अपने भाई की पत्नी से लिखवाया (या हस्ताक्षर लिए) वो विधि-विरुद्ध है।
दूसरी बात यह कि क्या यह सब कुछ आपने स्टाम्प-पेपर पर लिखवाया था या सिर्फ सादा कागज पर ?
जो कुछ भी आपने बताया यदि वह सब कुछ आप न्यायालय में सिद्ध कर सकें तो आप "वैवाहिक संबंधो में क्रूरता" के आधार पर संबंधित परिवार न्यायालय में तलाक हेतु याचिका दायर कर सकते हैं ।
याद रखिये इस दौरान आपके भाई को अपनी पत्नी एवं बच्चे के समुचित पालन-पोषण हेतु भरण-पोषण की धनराशि प्रदान करनी होगी।
Answer #2
683 votes
See you have to sort out the problem asking her what she wants. If she is not willing to stay with u you may go for divorce by mutual consent. If you are not able to sort out the problem u may file for regular divorce and things will be decided in meditation stage. For More brief u may call me
Answer #3
592 votes
If you have to seek Divorce without consent, you'll have to contest a divorce petition. File a petition for divorce under section 13 of the Hindu Marriage Act. The other party, I.e. the wife of your brother has an opportunity to contest the petition. The whole process may go on for a couple of years or more.
Answer #4
755 votes
As per Hindu marriage act ,there are various under which divorce could be asked for as per your query your sister in law is of harsh nature and torture In-laws and family ,recently Supreme Court and various High court had passed certain ruling regarding daughter-in -laws behaviour ,provide me details for specific advice ,it's definite your family will get relief !
Answer #5
502 votes
You can file divorce case without mutual consent it will decided on Marits and it is called contested case , so simply hire an good advocate .he will file the petition for divorce etc and case will start they will summoned and this is proceedings

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