quesIn laws shifted when sister came to our house for a few months.

My sister was pursuing studies(PHD) when she was married. Now she came to stay with us for a few months for the purpose of studies because she was unable to study there due her insensitive and cruel mother in law. Now she has received a divorce notice from husband. But she doen not wish to divorce him. When we went to her married home the doors where locked and neighbors said they have shifted. What can my sister do in such a case now?

  • ansIf your sister does not intent to take a divorce, we suggest you to first file a police complaint at nearest police station, in which you should specify about the cruel acts by husband and about the fact husband.

    Further your query is silent on fact, whether you received notice from court or lawyer? In case you have received notice from court, then we suggest you should file a reply to divorce petition. In addition to this, you should file application under Section 9 of Hindu Marriage Act, i.e Restitution of conjugal rights and a legal way where court can direct husband to stay with you.

    If notice is served by a lawyer, then you should reply to the legal notice and also ask about your husband address.

     

  • ansyour sister should firstly in response to the summons go to court and contest it. also, its important to know that on what grounds he has filed for divorce. your sister should also claim for maintenance during the subsistence of the divorce case to meet her lawyer and other expenses. you could also file a case for domestic violence and seek remedy of joining back the matrimonial home.

    Advocate Shikha Pandey

      Greater Kailash-1, Delhi

  • ansIf your sister does not intent to take a divorce, we suggest you to first file a police complaint at nearest police station, in which you should specify about the cruel acts by husband and about the fact husband.
    Further your query is silent on fact, whether you received notice from court or lawyer? In case you have received notice from court, then we suggest you should file a reply to divorce petition. In addition to this, you should file application under Section 9 of Hindu Marriage Act, i.e Restitution of conjugal rights and a legal way where court can direct husband to stay with you.
    If notice is served by a lawyer, then you should reply to the legal notice and also ask about your husband address.
    We suggest you to immediately consult an advocate depending on facts and circumstances and examining the notice they can suggest you immediate legal solution.

    Advocate Sudershani Ray

      Kailash Hills, Delhi

  • 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.
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