Legal Question in Family Law in India

I am brother of the male member, belongs to Haryana. Marriage of my brother was taken place approx 4 years back and there were some regular disturbances between us after 2-4 months of marriage. Even they have stored our jewellery with him from the beginning.

From female (wife) side, his parents put a complaint to police in UP for Dowry, 307 and under many sections against us for want of money, in the start of 2011. They have incurred about 3.0 lacs in the marriage. We want divorce they have threatened us a lot and regularly threatening. In the village panchayat they have asked for 10.0 lacs to give the divorce which we have paid through the mediator as decided in the village panchayat. They came on the first hearing for divorce in the court and wife have accepted that they got Rs.10.0 lacs from us and it is recorded by the judge itself in the court.

Now they are not coming to court and told us that in panchayat it was decided that we will give the divorce on affidavit only and mediator also back from his words. Wife is living with his parents for last 10 months i.e. March 2011. Now I would like to ask as under:

1. What steps to be taken by us now, I mean, we should take the affidavit from them or not and if yes with receipt and panchayat decision separately in writing and file case on him for 420 for recovering our money back i.e. Rs.10 lacs if not giving divorce.

2. Should we go for Divorce on the ground of desertion after one year or now or any other ground.

3. Parallel we can do both, as above.

4. Or whatever to do, please advise.

Satyavir Singh

09690014411


Asked on 1/21/12, 2:01 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

1. A divorce petition may be filed on all available grounds.

2. You may obtain her affidavit and a receipt for rupees ten lacs as full and final settlement of her claim arising out of matrimonial dispute; and an undertaking that she agrees for divorce.

3. If does not appear, despite service of summons, you may be granted ex parte divorce.

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Answered on 1/23/12, 6:51 am


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