Legal Question in Family Law in India
I am deeply humiliated by my brother's situation. He remarried three years ago with a legal divorce certificate, and his new wife also had a second marriage. However, she hasn't shared her divorce certificate with us. For the last two years, she has been accusing our family, running back to her home more than eight times due to her hidden family issues. Each time, she creates conflicts, uses disrespectful language, and leaves after consulting with her mother over the phone. Despite her behavior, we brought her back six times, but this time, after a public argument, her mother came and took her jewelry from our home.
Her brother, who lives in London, has threatened and insulted our family through WhatsApp messages. He even claims that we can’t do anything against him since he is out of the country, and insists that we must follow his demand to keep his sister in a separate house so their mother can stay with her. Her mother also constantly harasses my brother for money and treats the children disrespectfully in front of him.
Even with all these issues, we tried to resolve things and asked her to return, but they continue to demand a separate house for her and her mother to live with my brother. Her mother also speaks disrespectfully to my brother and encourages her daughter to damage our family's reputation. The children are suffering, being influenced negatively against their father, and we are not allowed to see them.
Please provide advice on how we can protect our family and the children, assist us in obtaining her divorce certificate, and stop the threats and harassment from her mother and brother, who are constantly torturing my brother and the children.
1 Answer from Attorneys
There is no law that a wife can compel her husband to stay away from his family. Her demand is not only illogical but not in consonance with law. This can become a ground for seeking divorce, As far as her divorce certificate is concerned, in case she is not divorced and married your brother, she can be held liable for bigamy and the marriage can be annulled as the second marriage without getting divorced, is void ab initio. As far as the custody of the children is concerned, that would depend upon their age. A legal action regarding threats can be initiated and even if the brother in law is in London, FIR in respect of criminal intimidation can be lodged.
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