Legal Question in Family Law in India
Wife says she dont want to stay with her mother in law
Hello This is--friend of a man and now i m talking abt my brother in law,his wife she dont want to stay with her mother in law and she want to live only with his husband separetly, and rohit dont want to go out of his house,and he dont want to leave to her mother alone........now rohit wife she went to her father house from there she is calling and torching him ........please advice what we can do .....we r planning to give divorce notice....
5 Answers from Attorneys
Re: Wife says she dont want to stay with her mother in law
Rohit should better make efforts to solve the issue amicably instead of giving a divorce notice. Try to sort out the matter as a "family" without spilling bins. The litigation will be very expensive and time consuming. Rohit may also have to pay her the maintenance and litigation expenses.
Re: Wife says she dont want to stay with her mother in law
Instead giving divorce notice, matter may be tried to be resolved by amicable means involving respectable of the family and others. In failure, notice to join family may be given through Attorney. The next step may be petition for the restitution of conjugal rights.
In failure of all amicable means, divorce may be decided as a last resort. But preferable reconciliation is the best solution. If she feels uncomfortable with husband's family, it must be ascertained. If her complaint is found sound, then separation is the solution rather divorce. Divorce is never considered "solution" but it must be kept for the circumstances which are unavoidable in nature.
Re: Wife says she dont want to stay with her mother in law
go ahead only if counselling does'nt work
Re: Wife says she dont want to stay with her mother in law
it is better you send husband and wife for counselling as teh matter can be sorted out with it
Re: Wife says she dont want to stay with her mother in law
instead of giving divorce notice, you ask the girl to come back and join the company of the boy. instead give a notice for her to return. if she fails to comply with the period mentioned in the notice, you may ask ur bro in law to file a petition for restitution of conjugal rights.