quesMutual divorce alimony not settled. Want to remarry. What to do?

My Bother who is working in Pune was married in 1998 at Lucknow . His wife has left him in 2009 and living with her parents at Lucknow. He filed a petion in rule 9 to bring her and his only son back however, due to difficulty in reaching on every date case got dismissed by opponent. He wish to remarry now and want some settlement from previous marriage. In mutual consent ther demand for money is too high and they are not willing him to meet his son also, What is the recourse when lady is not willing to come back and also not taking interest to divorce.Can he file a case at Pune?

  • ansYour brother will be required to file a divorce petition under Section13(1) of Hindu Marriage Act on the grounds of cruelty and  desertion . This process is longer and will take approximately 5 years if she contest the divorce.

    If she does not contest than, court can pass an exparte decree. Your brother can file this petition within the jurisdiction of Pune as he is currently residing within said jurisdiction.

    Further he can also file the case where both the parties last resided together.

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