Legal Question in Family Law in India
How to file divorce
My brother got married with a girl before Six month in a Arya Samaj Temple, after that marriage he feel that the girl & her parents was seeking for his home (because they are very poor). Now my father decided to do not give a single panny to my brother & he gave same declaration in affidavit that my one son is not a part of my family.
My brother feel guilty, when that girl leave him alone & go with her parents. She spent only one day with him & now 6 months has gone.
The parents of that girl demanding a part of from my father will & not willing to give divorced to my brother. at present my brother has no work & he is living with us & that girl living with her parents & earning some amount with doing samll jobs. We contact a lawyer, but he suggest to wait for one year to file divorce.
Now my questions are:
When we file the divorce paper.? Can they have right to damand any type of compensation from us? How can we sort it out, because she don't care about my brother, they only need money.
6 Answers from Attorneys
Re: How to file divorce
They may also come up some sort of allegations against the husband and his family.
You are advised to make efforts for immediate out of court settlement of the dispute and avoid litigation.
Re: How to file divorce
even though there is a bar of one year but the petition may be filed before one year has elapsed by moving an application for waiving the period. secondly, the girl has no right in the property of either husband or his parents but she can demand maintenance and residence orders. its better if you talk to the girl and her parents and sort the matter amicably instead of going for a court battle.
Re: How to file divorce
Your lawyer is right and you can ink the petition with all the evil intentions of the in-laws of your brother.As your brother don't have any earnings the question of maintenance would not be arised as such.
Re: How to file divorce
You can file divorce after one year. they can ask claim and maintenance also.
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Re: How to file divorce
you have not said anythhing about ur brother's wish whether he actually want to go for divorce or not. in my opinion divorce is not the solution, rather ur brother's unemployment appears to be the sole reason for the entire problems. get ur brother engaged in some vocation and that will solve every thing and pl suggest ur father to not to ruin his son's life.
Re: How to file divorce
you can file for divorce after one year . she can claim maintaince and residence order form him better to try and settle teh matter amicably
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