Grounds For Divorce | Vkeel - Free Legal Advice

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Tezpur

Dear sir, My brother and sister in law are having a problem. She went to visit her parents in Kolkata in March and was supposed to return on 27th March. But due to lockdown, she could not return. They had a small fight over the phone and now she is refusing to come back. She is making lame excuses like 'We didn't go round visiting different places", "I had to do household chores" etc. I am afraid none of these even qualify as normal wear and tear of married life. However, I am afraid all these are done to extort money in the name of alimony and maintenance from my brother. Hence, I have the following queries- 1. What are grounds she can use for a contested divorce? 2. On what grounds she can file a case at the location of her stay. Since she stays in a different state and this can be used by her to plant a false at the location of her stay. Since she stays in a different state and this can be used by her to plant a false case on the ground of harassment and inturn harras us to travel.

Expert's Answers(6)

Advocate J L Naagar
Jalandhar, Punjab

169 Client Ratings

Your case is not that serious that any one will go for divorce. But only for your apprehension it your brother fells proper he should a Petition for Restitution for Conjugal Rights. It will clinch the whole issue. Instead of facing the divorce proceedings it may bring some solution. As per your question grounds for divorce are numerous, but all those will be weak and frail. Give me grade 5 and contact me after reviewing my resume if any further explanation is required.

July 9, 2020
Advocate Suneel Moudgil
Panipat, Haryana

40 Client Ratings

She can file a 498a complaint, Domestic Violence case, maintenance case agaisnt your brother, and that too from her location

July 8, 2020
Advocate Suneel Moudgil
Panipat, Haryana

40 Client Ratings

What is the view of your brother? to terminate the relationship or not? if she is planning/threatening to file a case (divorce or any other) ask your brother to settle the matter amicably with his wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and both will be free to live life with your wish,

July 8, 2020
Kishan Retired Judge ( Advocate)
Bengaluru, Karnataka

184 Client Ratings

My answers are as follows: 1. What are grounds she can use for a contested divorce? Ans: Cruelty by her husband and you all . She may also file 498A IPC case 2. On what grounds she can file a case at the location of her stay. Ans: Now Supreme Court says that wife can lodge case from her parents place also. Please give me Rank 5 and Review my Resume and Follow me if my answer satisfies you

July 8, 2020
Advocate J Vijay
Hyderabad, Telangana

1 Client Ratings

There are no legal grounds available for her to file divorce case against your brother as per your details above. Book a consultation for further help.

July 7, 2020
Advocate Mohit Adarsh
New Delhi, Delhi

5 Client Ratings

Dear Abhijit This is not a ground for divorce that she has to do household chores and not go anywhere for picnic or entertainment purpose. It is advisable strictly talk to her parents to send her to matrimonial home. If she refuses to do so then you have an option to file an application to restitution of conjugal rights in the concerned family court for bringing her back in her home. It is better try to solve the problem by mutual discussions before taking any strict action. For getting further knowledge kindly contact me

July 7, 2020