Sister in law asking money to give divorce putting false aligations
24-Aug-2023 (In Family Law)
My brother he got married in 2016 April. He is working in US currently at the time of marriage also he was in US. His wife got H4 in November 2016. He applied for extension mean time his brother marriage was fixed for Feb 2017 so he planned that he will take his wife after attending his brother marraige. Due to personal issues it postponed to April 2017. he took her in April 2017 to US from 3rd day she started saying she wants to go back to India and told to his parents and his neighbors that he is not a guy . she threatened him and Said she will kill him. She was not talking to him properly finally after 15 days she came back to India saying she will give divorce. Mean After coming to India she went to police and she said she want 30 lakhs finally now they are asking 10 lakhs. She is not ready to come to stay with us can we apply for divorce now. If we apply how much time ot will take. They are saying they need money then only they will apply for divorce. What should we do?
Hi
Probably the girl is not willing to reside in USA.
if both the parties are willing to go for mutual consent divorce, it will take about 6-8 months.
If it is a contested divorce(with the girl not willing to grant divorce) your brother can file a case of divorce on the grounds of desertion(as the girl returned back to india within 15 days of her stay in USA). A contested divorce(without any money to be given to girl) will take about 18-24 months.
Probably the girl is not willing to reside in USA.
if both the parties are willing to go for mutual consent divorce, it will take about 6-8 months.
If it is a contested divorce(with the girl not willing to grant divorce) your brother can file a case of divorce on the grounds of desertion(as the girl returned back to india within 15 days of her stay in USA). A contested divorce(without any money to be given to girl) will take about 18-24 months.
You can file divorce petition against her. And it will take on the court pendent of cases. If you both agree for divorce it will take 3 months for obtaining divorce. And regarding amount they demanding is illegal. You are not liable for pay any such amounts
Hello,
If it is MCD( Mutual Consent Divorce), the divorce decree will be granted after 6 months of fling the petition. However, if it is contested divorce( if your brother is filing for divorce if he is not ready to pay the money to his wife) then the divorce case proceedings can take 2-4 years to get disposed off. It is better to negotiate with your sister-in-law about the money and settle for minimum amount and then file for MCD. Feel free to contact me if you need further advice or suggestion.
If it is MCD( Mutual Consent Divorce), the divorce decree will be granted after 6 months of fling the petition. However, if it is contested divorce( if your brother is filing for divorce if he is not ready to pay the money to his wife) then the divorce case proceedings can take 2-4 years to get disposed off. It is better to negotiate with your sister-in-law about the money and settle for minimum amount and then file for MCD. Feel free to contact me if you need further advice or suggestion.
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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