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Physically harassed by wife's family how to file for divorce


31-Aug-2023 (In Family Law)
I am asking for my brother. He recently got married (in March 2017) After marriage in about 2 weeks he came to know that girl is 4 years older than what she told at the time of marriage and she has medical issues due to which she can not conceive normally and will have to use surrogacy option. My brother wanted to divorce her. As soon as girls relatives got hint of divorce a they came to home and beat up my brother and my mother very badly. Girls relatives warned that next time they will kill my mother or me for revenge.My brother got frightened and he got back all the divorce papers from his lawyer. He did not report the beating to the police. But now my brother is again in panic mode and wants to divorce her. I have moved my mother to safer place. I am worried sick for my mom's safety. What should we do?
Answers (2)

Answer #1
937 votes
We have to file a case of domestic violence on behalf of your mother against your brother's wife and her family members for your family safety And in this case we have to take a protection order for your family from the court Similarly simultaneously we have to file a divorce case on behalf of your brother on the ground of cruelty and cheating as well as mental and physical harassment
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Advocate Anis Momin

Adv. Anis Momin

LawRato Pune | 100+ Answers
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Answer #2
504 votes
If you do police complaint, none of them will harm you because police will protect you. Don't make this mistake of filing for divorce and not filing a police complaint. Complaint is a must. In fact you should ask the police to file an FIR as this is a serious offence (beating) besides that, if I know few more details of the matter then I can suggest you if ask for nullify of marriage instead of divorce. Since she has concealed so many things then ideally your brother should nullify the marriage instead of giving her the chance of asking for maintenance/alimony as she can do that as a wife.
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Advocate Menaz Maqbul Shaikh

Adv. Menaz Maqbul Shaikh

LawRatoMumbai | 100+ Answers
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