Hi,

This is my new thread. My brother caughter his wife with a unknow mobile phone. After investigating we found that his wife has an affair. She confessed under my father's pressure before leaving my brother's house. After she left, she complained against us in the police. My brother was all threatend and ready to give the letter and the mobile to girl if they take their complain back. My father played a big role and somehow he convinced the girl side and with out giving the mobile phone and letter, the girl side took their police report back.

Now they are asking to keep their daughter to my brother's place. We are still invesigating my brother's wife charater and more we go more we are finding her charater suspicious. We don't mind to forgive her if its just her mistake and she is ready to accept her mistake. She is not at all ready to admit her mistake inspite of all evidences and her own confession letter. We are suspecting that she might have more than one affair. Her mobile has many number which she has dilaled many times in past few days.  I have a few questions below

1. what if they complained again against us. Would police take their repeated report?

2. What if they are not ready for mutual divorce. We dont want to go by contested divorce as I heard it take many years. My brother is a very very simple man.

Please advice us.

1. what if they complained again against us. Would police take their repeated report?
Ans: Yes police may entertain it the law favours the wife in family matters

2. What if they are not ready for mutual divorce. We dont want to go by contested divorce as I heard it take many years. My brother is a very very simple man.
Ans:  to go for mutual divorce you have to convince the girl.

Now from what i make of it it is you your entire family and all else is hell bent in breaking your brother's marriage why don't all of you leave the husband and wife alone and let them decide their future, this will be far better for your brother and his wife.

My advice to you all just stay away and let your bother & his wife handle the issues and you all STAY AWAY!

i am absolutely in favour of what tapsash has said, I have seen many house break because of these unwanted extras interfering in between husband & wife. Just let the couple solve their issues

thanks Tapash and debolina for replying. That girl is not ready for saying sorry and threatening that she will go to teh court if we dont give her son to her.  She is not ready for mutual divorce nor she is ready for saying sorry. Do you feel I leave my brotehr to sucide? He has a governement job and could you please give me legal advice how to save him from Police when he is not on mistake and we have all teh evidances to proof teh girl's affair? 

Hi shaliniarora,
tell your brother to file for divorce under cruelty before she files,and child custody  the court will keep the welfare of the child and WIDH of the child with whom the child wishes to stay will depend who gets the custody.

if the child says father the child will be with father. in this case father is a govt employee so he is capable of taking careof the child so child custody won't be a problem.

i suggest you file for divorce first before the wife does. as it will have many benefits including safeguard from 498a

Cheers!

thanks advsmita for your reply.  If we file for the custudy, we will surely get it as my brother is already a government employer. Also Is it mendatory to file for custudy? Or court decide whom should get the child.  My laywer also talking about the same thing to my brother. So please clarify my doubts.

Shalini,

Its NOT mandatory to file Child Custody along with Divorce but it puts PRESSURE on the opposite party.

I agree with AdvSmita that you should file for the Divorce and also state that you FEAR Dowry related cases / complaints from the wife's side. Nobody can stop the wife to file such complaints / cases against her husband but then you can safeguard your side to some extent.

~ Jai Hind!

Coool

thanks a lot cool. we are proceeding now as our lawye also saying the same thing...thanks and I will update my story soon..

Thumb Rule No 1 is its your brother's issue he needs to grow up be a Man and fight his Battle, probably his wife was having an affiar because he was not man enough and a woan needs a man. Being Simple is not an excuse! - This is one way of looking at it in favour of your SIL.

Now, would your brother be able to actually forget of her affair and take her back? Its almost next to impossible for a human to forget his/her spouse's infidility. So as a brother you should not support her returning back.

1. Your brother could walkin and file a NC (a Non FIR complaint) at your local police station, take a copy back and post a copy of that copy to the local Commissioner/Suprindent.

2. Simultaneously file a Restitution of Conjugal Rights (RCR) calling her back. Ideally even if you win or loose RCR it doesn't matter 'cause the court cannot force her to stay at your place and after 3 years based on the RCR's grounds you could get a divorce.

These will protect you and your family from immedeate effects of 498a & DV, doesn't mean these will fully stop it.

NEVER NEVER file for a divorce! Because if you do with only a mobile and a peice of paper - her side can claim that she was forced to do it because your family wanted to get rid of her for want want of more money and so you would be on point blank range of 498a, DV and Maintenance.

The best possibility is a Mutual or get her to file for a divorce.

hi,

If this girl is having affairs, she can always go for a divorce. But his wife is not giving him a divorce. I really think, the husbands sister has done lots of interference in this family, I am sorry I am straight and blunt, it seems you are more interested to get a divorce for your brother more than what your brother needs it. Stop all these things and get away from the couple. Let her speak whatever she wants to speak with your brother. And what kind of messages did you get on her mobile? She is not so dumb, to take the police report back without taking her mobile and the letter back from you people. There might be actaully nothing in there. And your bro's wife may be just trying to save her marriage. YOu cannot say a girl's character as spoilt, or whatever, just coz you have lots of numbers that were dialed. Even I was looking for help on this site, and evn I had called up some one in this forum for help to help me understand what should I do. I was alone. Does that mean I was having an affair?

Listen let them both handle things by themselfs. Infact I suggest let both of them live their life alone for some months and see what happens. If a divorce has to happen let both of them decide.

Riya(Mumbai)