Legal Question in Family Law in India
Hello there,
This is Parul from Baroda. I have my brother settled and married in Baroda, he is married from 5 years. Due to some reasons (mainly wife's weird behavior from the beginning and not getting along with Mother-in-law), wife keeps fighting with everybody in the house and make atmosphere unfriendly and not comfortable to live with. Due to recent fights/hot conversations, She has left the house and staying with her parents from almost last 2 months, she keeps calling and harrasing my brother, everytime she calls,. she sounds weird, looks like she has completely different mind set, she does not sound normal. Recently, she has sent a notice asking for money for survival of both mom and 3 year old son, the fact is we never asked for anything, no divorce, infact my brother is ready to move in a new house if she wants but she keep demanding everything in advance and not even ready to compromise on anything. The issue is becoming more difficult to manage particularly my brother loves his son and probably he wants custody in case if the situation gets more worst, since we are normal people, never got involved in such matters before, we are looking for some legal advise/help so that we can at least move forward with something, currently we are stuck and not able to figure out next action. I meant, do they need divorce, particularly wife is not inerested in compromise?, do we have a short cut or any other alternative to get rid of this uncomfortable/unfriendly wife, do we have any clause /laws that will help us move forward with divorse, keeping in mind my brother may ask for custody of son ?
Thanks
-Parul
3 Answers from Attorneys
in your situation, as the wife has not filed any criminal cases against the husband and other family members, it is advisable that your husband should find an amicable solution to the situation. he should start maintaining his wife and child, out of court. it is better if he pays for their maintenance even if there is no court orders. this would show that he is not running away from his responsibilities. in case the wife is behaving abnormally, you, being a woman, must understand that she is deprived of the basic facilities. your brother may choose to pay maintenance every month through cheque to prove that he is infact maintaining her even without court s interference.
I think basically your brother has to decide whether he wants to continue the marriage with whatever deficiency had with his wife. Advise him to take financial & other responsibily as may be possible.Counciling may also work. But if your brother feels that the matter has reached to the point of no return then mutual consent divorce is better option.You may if you can contact me at Baroda on ph. 09426334688
You will have to wait for outcome of divorce proceedings.
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