please advise?

Question

My brother has got married to a girl who was not virgin at the time of marriage. He is now not able to tolerate her and started torturing her. He told her, " I could not sleep with a lady who has so bad physical condition, even if I could have got a girl like you in free of cost."Can we apply for divorce on this ground? Can my sister-in-law harrass my brother on the ground of mental torture? If she cannot prove the mental torture, then can we take any legal step against her? Can mental torture be proved? My brother has used so many slang languages in his mail to her. Can it be a valid document as a proof?

Answer 1

As far legal position in you case is concerned only right your brother has to get ride of his wife by way of annulment of this marriage on the ground that the consent to this marriage was obtained from him by fraud. Now what is fraud? It is willful misrepresentation of facts. If the wife willfully misrepresented to him about her virginity when it was asked from her specifically then it will amount to fraud & on this ground he can obtain the decree of annulment of such a marriage. Such a petition for annulment has to be filled within one year of such a marriage in the court of jurisdiction where the marriage was solemnized or where the parties to the marriage last stayed together or where the respondent i.e. the wife resides at the time of filling of such a petition & after being aware of such a fraud there should not be any cohabitation of the parties. As far as what your sister in law can do against her husband is that she can always state his allegation of fraud as wrong & his slang can be sufficient proof for mental torture/cruelty for getting divorce from him as well as filling a criminal complaint against him for cruelty under section 498A Indian penal Code. This is a brief idea of what is the legal position in such a case. For detailed information write to me directly.

Answer 2

The problem is that they are now legally married and nobody can separate them. Not until a certain period of time that the couple can ask for a divorce (not sure about your local law). I guess for the time being, the couple must sit down communicate about what is going to happen and what can be done. Just remember this, all of us are human beings and human make mistake. Try to be open to the wife. Give her a chance to make the marriage work. Until a certain time, when the couple is really not able to live with each other, then you may consider a divorce. Good luck.

Answer 3

You can't seek divorce based on the fact that she wasn't a virgin on her wedding night. How are you to prove it? However, if your brother keep making sacastic remarks about your sister-in-law, she can apply for a court order to stop your brother from making further remarks. What legal steps do you want to take against your sister-inl-aw? What has she done wrong? You have a weak case. And yes, anything written can be used as evidence in court. Now what's the point here? Is virginity that important to your brother? Come on, in this century, who cares about virginity anymore. What is more important is that the marriage works.

Answer 4

I don't know where you live, but I don't think not being virgin is ground for divorce in any western country, on the other hand your sister-in-law might denounce your brother for mental torture.

Answer 5

If girl had told him about her sexual relationship to ur brother b4 marraige.. then everything is against him. & ofcourse it could not be so easy for him to continue with her ( just his attitude ) But honestly you wont find all virgins. so to whom your brother would marry??? Show him fact of today.. and ask him to understand.. that world has changed sex is different part than the love part.. Ask him what he is looking for in life?? always Virgin sex or always with true love..

Answer 6

ARE YOU ARABIC? THE WAY THIS SOUNDS IT SOUNDS TO ME LIKE A CULTURAL THING. TRUST ME ARAB MEN CAN REALLY DO SOME ****. MY BEST FRIEND DIED CAUSE OF IT. IF YOUR IN THE USA, THEN YOU GET SOME LEGAL ADVICE FROM A WOMAN'S SHELTER OR A LAWYER. **** LIKE THAT IS NOT TOLERATED IN THIS COUNTRY BUT IF YOUR IN ANOTHER COUNTRY, THEN SOME LAWS WILL NOT PROTECT A WOMAN AT ALL. MIDDLE EASTERN COUNTRIES ARE NOTORIOUS FOR THIS. IF YOUR FRIEND FEELS LIKE THIS IS COMPLETELY OUT OF CONTROL, THEN I SUGGEST LEAVING THE MAN AS SOON AS POSSIBLE AND SERVING HIM WITH DIVORCE PAPERS OR PACK UP AND TAKE OFF.

Answer 7

I raised a son, and a daughter, so i think of i can provide you stable advise. first of all, in case you like this lady, talk on your mothers and dads and notice if a get alongside with all of you are going to be arranged. that must prevail, because of the fact then the girls mom could get a raffle to work out what ecosystem you reside in, plus, there could be a raffle for the two mothers and dads(the lady's and yours)to talk. it is extremely frequently that oldsters don't be attentive to whom their little ones cope with that motives them to be strict on their very own little ones. next, set an occasion. you're the two 14 years previous and that's a mothers and dads' duty and duty to make upstanding citizen out of our little ones. So abide by skill of the guidelines--do all your homework and learn for college. which will provoke the different mothers and dads to boot. We mom's do no longer pick our females as much as now a guy who does no longer pick to get forward in existence and who thinks college isn't for him. As a be certain we do exactly like the stable adult males. finally, make a cope with your self which you will wait. Get to be attentive to the lady, attempt to get permission to take her to a action picture or different exciting journey the place you acquire the permission of the two mothers and dads and then be sure you carry on with the time you're meant to hold her lower back. lower back, we mothers love the stable and stable guy. in case you get your danger and do all that, then you somewhat have a raffle. the rest will fall immediately in place as long as you do no longer attempt to hurry issues.

Answer 8

I really dont understand what type of thinking you have.Once married what matters in UNDERSTANDING.Can you ensure that if he remarries the girl will be a virgin?Look at where the world is moving and why are we ..... Just try to excuse her once....find a positive solution

Answer 9

Your brother sounds like a complete JERK. Mail huh? What great physical evidence she can use. Tell me, was your brother a "virgin" when he got married?

Answer 10

Man. Virgins are hard to come by these days. Tell your brother to take a break and accept reality.