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Wife is torchering like hell. How to proceed ?


28-Apr-2023 (In Divorce Law)
My brother married to a girl in the year 2011. From that day she never give respect to my mother or brother. My father died in 2005. We r 3 sisters and one brother.bothe my brother and his wife r working in software in high tech city hyderabad. From day 1 my brother is adjusting with her. He tried a lot to convince her to be good with my mother. They blessed with a son. SHe never cares about her son. She won't give bath, don't feed and she is not bothered about her son and even my brother. She is earning more than 1 lakh per month. She never spent a penny for this family. All the purchasings , paying bills paid by my brother. He has to pay for her shopping bills also. When they go to their jobs daily, my mother is taking care of her grand son. Once in 2 days she fight with my brother with some other reason. My brother and my mother only taking care of his son. We r so much worried about him. Can u please guide us what is the legal action to apply for divorce.
Answers (2)

Answer #1
844 votes
Dear Client,
Your brother and family members should not be lenient and complacent. Your brother and family members must put the matter before her parents and marriage elders and get clarification. If she has no love and affection towards your brother and family members you should not tolerate and put the matter before elders and mediators and get the matter resolved before filing a petition for divorce. If there is no change in her attitude your brother can proceed against her in a court of law for obtaining divorce.
Answer #2
917 votes
Hi
You can file for divorce on the grounds of cruelty as the wife is not taking care of her husband and the child.
On the wife sharing her income with the husband, technically the wife is not bound to share her income with the husband's family and hence in your divorce petition it is better not to high light this aspect.
However since the wife is earning a higher income, your brother need not pay her any maintenance and alimony.
So your brother should file for divorce on the grounds of cruelty and irretrievable break down of marriage.. Your brother can also claim child custody and guardianship by filing a suit under hindu minority and guardian ship act.

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