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Drinking Habitual- Case may be filled
10-Jul-2023 (In Family Law)
Hi Sir/Madam, my brother married in 2012 and after drinking a lot he had fight with his wife even the physical fight happened many times. Last year brother's wife whole family came in our home and blaming my parents about the drinking habit of my brother that they have not informed about this habit earlier, although my brother drinks also before marriage but not over limit.
Then we all decided to send him to rehab, and he spent the 5 months. Then after no change in his habit he still drinks a lot but never done physical fight with wife.
My question is ,can the Brother's in laws file a case against my parents to hide his drinKing habit, although we told them the truth of his drinking. But after marriage if he has started drinking more how come my parents are responsible.
Please help, my parents are in lot of tension now
Hi,
The girl may seek divorce petition on ground of cruelty. She may allege drinking and beating of the husband.
You have to ensure that your brother doesn't harm his wife.
For more information feel free to have a word with me.
The girl may seek divorce petition on ground of cruelty. She may allege drinking and beating of the husband.
You have to ensure that your brother doesn't harm his wife.
For more information feel free to have a word with me.
Helpful?
Adv. Sahej Uban
Delhi | 500+ Answers
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There is no provision in law under which only exclusively because of drinking problem a divorce case can be filed. Ultimately, they can seek divorce on the ground of cruelty as to drinking habits and physical torture by your brother. Apart from this, a domestic violence case is also made out. Therefore, Such case can be filed against your brother. Make sure that first thing foremost that your brother should get is an anticipatory bail as he will be arrested once a domestic violence case has been filed against him. To be at a better footing and stay away from unnecessary litigation, I would suggest you divorce by mutual consent and get out of this unwarranted litigation.
The only case that can be filed against your parents are under section 498 A of the IPC which is a grave allegation as it is alleging cruelty for dowry. To be on a safer side for your parents, I would suggest you to get them divorce mutually and also seek anticipatory bail for your parents. If they are senior citizens, there is a way out we can seek which will be eviction of your brother and his wife from the property if belongs to your parents and renouncing the relationship with them.
The only case that can be filed against your parents are under section 498 A of the IPC which is a grave allegation as it is alleging cruelty for dowry. To be on a safer side for your parents, I would suggest you to get them divorce mutually and also seek anticipatory bail for your parents. If they are senior citizens, there is a way out we can seek which will be eviction of your brother and his wife from the property if belongs to your parents and renouncing the relationship with them.
Helpful?
Adv. Yuganshu Sharma
Delhi | 400+ Answers
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I have perused the contents of your query and would advise you to seek a detailed consultancy from a lawyer having expertise considering it to be a serious matter. Further intallah peshbandi application is advisable to be filed through a lawyer promptly.
Helpful?
Adv. Anubhav Kathuria
Delhi | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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