quesCan divorce through legal notice be granted?

My sister has been married for 10 years now. She has 3 kids. The oldest is a daughter who has a mental disorder. Due to some personal issues, my brother in law left the house and left behind his wife and kids. My brother in law and my sister have been living separately for 5 years now.

Last year she received divorce notices from her husband and she did not acknowledge it. Now my brother in law is married to another lady and they are living together. What is the next step for my sister to get her legal benefits from his husband to look after her children?

  • ansIssuing a legal notice itself cannot be claimed a divorce and you have to verify whether you have received a notice or summons from the court. If the court has granted him a divorce, he has every right to remarry.

    You must try to find out whether the divorce was issued as an exparte. You can then file a case for restoration of conjugal rights, if not then you can file a case for criminal proceedings. In both cases, you can demand for a maintenance from him

  • File Mutual Consent Divorce @ Rs. 25,000/- only

    Know More
  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Divorce lawyers in India

Similar questions

I am an Hindu working women and Got married in 2013 . He stayed with…

Query is on behalf on my brother in-law , who have been married for 8…
NRI boy got married in karnal in 2006 as per Hindu customscand marriagecwas regd in…

2 years ago a marriage happened in my relatives. The Girl stayed with us for…

Divorce Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 14 years

Advocate J. P. Rinwa

  High Court
 Experience: 16 years

Advocate R C Mahajan

  Paschim Vihar
 Experience: 23 years

View all >>

How it Works

Know how LawRato makes legal advice easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly