Brother's wife demanding property for divorce
My father has three children, one girl and two boys. My brother got married on 1st February 2017.But his wife's behavior is not good with my family.After two weeks she told lie to his mother that my brother is impotent. After two months we came to know that she is having affair with other guy and still in relation with that guy even after marriage. My parents are very sad with her behaviour. Last week she filed complaint in police station with false charges of dowry and harrassment. Both parties agreed for divorce. But next week panchayat decided to keep them together for 2 months but she is demanding property. Is she liable to take property from my parents. What we can do in this case?
no she can not demand share in your paretns property and even she has no right to demand share in your brother property she may be entitled for maintenence but as you said she has extra marital affair then she is not allowed for it also,
Ideally, the wife is liable to get maintenance for her sustenance after divorce. That to, in a condition when she does not have a fixed source of earning/income. At no point in time, is she eligible to get a share of your parents’ property. Also, blackmailing and asking for property and making false allegations amounts to causing Mental Cruelty to the husband.
You can right away file for a divorce by Mutual Consent under Section 13B of the Hindu Marriage Act, 1955. You can also file for an F.I.R/police complaint in the name of your wife in advance – so as to counter the fake allegations that she might bring up if and when she plans to file a fake dowry case against you in the court of law.
Secondly, if your parents are also affected by her deeds and acts, then a case for mental harassment as per the Protection of Women from Domestic Violence Act, 2005 - can also be filed against her by your parents.
Book a phone consultation with a top-rated lawyer on Lawfarm.