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Divorce from wife don't want to live with in-laws since marriage.


05-Sep-2025 (In Divorce Law)
My brother-in-law married 2 years ago. The wife admitted she married under family pressure and refused consummation. She left for a job in Lucknow 3 days later, visiting her in-laws only twice briefly. For 1.2 years, she’s had no contact and refuses to return. Despite multiple court appeals in Gonda, she hasn’t appeared. Now, before final hearing, she’s filed a notice in Lucknow against husband, his parents, siblings, and even married sister. Need guidance to resolve legally. (Hindu Marriage)
Answers (5)

Answer #1
590 votes
your brother in law married 2 years back the wife being pressurized she hadn't attend the appeals in gonna now in the last hearing she has f8led a notice against your husband his parents siblings you have to proceed under the Hindu marriage act t
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Answer #2
762 votes
Married sister, working brothers, or relatives who are not living in the matrimonial home cannot be held liable. Case law: Kailash Chandra Agrawal v. State of U.P., (2014) 16 SCC 551 – distant relatives should not be roped in without specific evidence. In short: In-laws can be protected on grounds of (i) no specific role, (ii) separate residence, (iii) counterblast to divorce, (iv) old age/health, (v) no entrustment of dowry.
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Answer #3
746 votes
dear client, According to your query your brother's wife left her matrimonial home without assigning any reason and not returned back to despite attempting each and every effort by you and your family ones now she has filed some notice against you and your family one including relatives first you have to tell me more about what notice or case she has filed against you and yourself
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Answer #4
950 votes
kindly file clear husband and wife under section 7 of family court date and if you want to divorce against her so you can file it I was case she left her home from one half year so you can file divorce before this you clearly not mention what was the reason behind she left the home so before these kindly provide all the detail I would like to suggest to better option so kindly with respect to all the thing
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Answer #5
988 votes
Legal Remedies for the Family 1. Anticipatory Bail – All named family members should apply for anticipatory bail from the Sessions Court or High Court to avoid arrest. 2. Quashing Petition under Section 482 BNSS – File before Allahabad High Court (Lucknow Bench) to remove names of uninvolved relatives like the married sister or siblings. Supreme Court in Kahkashan Kausar v. State of Bihar (2022) held that casually implicating every relative is abuse of law. 3. Defend in Gonda Case – Continue pursuing annulment/divorce there. Her failure to appear despite repeated summons will strengthen your case. Strategy Going Forward • Continue the matrimonial proceedings in Gonda without withdrawing. • Apply for anticipatory bail urgently in Lucknow. • File a 482 petition in Allahabad High Court to quash false charges against relatives. • Collect evidence: her admission of forced marriage, job details in Lucknow, absence from matrimonial home, lack of communication, all to show desertion and cruelty. • If multiple cases cause hardship, consider a transfer petition to consolidate cases in one court. In short: The husband should pursue annulment/divorce. Family should secure anticipatory bail, then approach High Court to quash false implication. Keep proof ready to show desertion, refusal of consummation, and her absence.
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