Legal Question in Family Law in India
HEllo to respected lawguru. here the question by my brother. our AB case is in high court. high court gave us stay for 1 month and ordered to return back dowry articles and ask for recoincillation. we returnd back all the gold,household dowry articles to bhabhi.but she said there are lot of dowry articles missing. as there is lot of differences also she is very egoist and arrogant, so by heart we dont want her back in our family. but only for AB my brother gave statement to IO that he wants her back, she also gave the statement that she wants to come back. reality is that my brother doesnt want even 1% to take her back.
now you suggest on the basis of IO ,
1.will judge force us to take her back? as brother gave statement that he wants her back.
2. what should we do in that case if magistrate compelled us to take her back?
thankyou, suniana khattar
3 Answers from Attorneys
The answers to your queries are here in below :-
1) The judge cannot force her back to you or to your family but incase he does then you can have certain conditions in the order of her behavior etc.
2) See answer 1 for this query.
giving a statement to the IO is different from making a statement before the court. your brother cannot be compelled to take her back. are there any children involved? what is the order of the high court directing you to return the stridhan and other valuables? however, no judge can compel a husband to take the wife home but wife can seek residence orders by resorting to domestic violence case in her shared household.
no he can not force to take u back
if u dont want to live with her file for divorce