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Need divorce guidance, custody & property guidance


06-Jul-2023 (In Divorce Law)
I have a brother who stammers and his wife keeps torturing him and my parents for his condition. My brother has one 13 years old son. Last year, we had to send him to my sister's place, as my sister-in-law was not taking take of him well. She was involved in some extramarital afire and my nephew himself informed us about that and we also caught her on various occasion and whenever we question that, she starts accusing us with false statements. She keeps torturing us by saying she will committed suicide and my parents are old age parents (>60 years) and at times handling her becomes too difficult, as she becomes physical. Now, one month back when my engagement happened, she left the home.She herself agreed that she has no physical contacts with my brother since last 6 months and said that she will never have. The ancestral property is on my father’s name, please suggest how we can proceed ahead for divorce, as now she will create the scene again when the marriage will happen.
Answers (3)

Answer #1
754 votes
I have perused the contents of your query and would advise you to seek a detailed consultancy from a lawyer having expertise in matrimonial cases. I would advise you to issue an intallah peshbandi application with the concerned police authorities. Further better particulars are required to advise you on this issue.
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Answer #2
698 votes
You can file a divorce on the ground of cruelty and adultery, though adultery is not a crime anyone but still it's a ground for divorce and you also need to file child custody case, and regarding property your parents need to disown your brother.
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Answer #3
597 votes
Hello sir. I have perused your legal query. Threats to commit suicide, filing of false cases and mental torture have been recognised by Indian courts as grounds for divorce under the head of cruelty as specified in the Hindu Marriage Act. Once a petition seeking divorce is filed through a competent legal professional, the court shall issue notice to the opposite party seeking responses to your averments. Upon its satisfaction during the course of proceedings that your allegations have merit, a divorce decree shall be passed. Please feel free to reach out to me in case you wish to discuss the matter in more detail.
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