Legal Question in Family Law in India
My brother's wife had left his house in Mar 2007 over an argument that she wanted my brother to live at her ancestral house in Chandigarh. After that my brother and his wife have never met and even haven't spoken on phone barring a few occasions. My brother wants to file for divorce, could you please advise on the procedure and difficulties regarding the same like what could be the allowance clauses, could the wife's family site dowry reasons etc. Many Thanks.
2 Answers from Attorneys
your brother may file the petition for divorce on the grounds of cruelty/desertion/adultry etc. and any civil suit is a best defence against the criminal charges. even if she files false case of dowry or harassment, the divorce filed by your brother may get him an easy anticipatory bail.
It may not be the right time for pursuing any legal remedy. On the other hand, he should make efforts to approach the girl and try to persuade her for joining matrimonial home; if she is adamant, he should offer her financial support for her living. a lot of pleasant correspondence and remittances for financial support may be needed before considering any litigation. At this stage, you should try to avoid litigation and instead make efforts for out of court amicable settlement.
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