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What happens when a couple starts residing together after divorce
26-Dec-2023 (In Divorce Law)
Dear sir, My brother in law gave mutual divorce to my sister in year 2007 without our family information. even my sister didn't told us due to his pressure. she and her children were also physically torched. even after divorce she is staying with him till date.He is having extra marital affairs.even now a days he is mentally torturing my sister but she is staying along with him due to kids future. Even she is not allowed to visit our house. even she only visited twice on my father demise for short period. He also abused us a lot. even he visited abroad to meet the second lady which is also a close relative of us. Sometimes he behaves very well. my question is that: 1. As my sister is staying with her till date. is their divorce is nullified. 2. if not, At that time nothing was given to my sister how can she file for alomony. 3. At any point of time, what role of their children shall be. 4 Is domestic violence act is still applicable as she is mentally tortured .
The question here is not about you rights, it's your sister's rights which can be the moot point - yes your sister has all the rights, which are available to any married women, under the DV Act - depending upon the circumstances she can also get the decree of divorce nullified on the grounds of fraud etc etc. - pls ask her what she wants not what other family members want..
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Adv. Sanjeeva Gupta
Panchkula | 25+ Answers
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1. The divorce can be nullified incase it is proved in court that it was due to force and coercion and there was no free will of the wife, which can be proven in your sisters case.
2. She can after proving that can file for alimony or maintenance.
3. The kids will always have a right on the property of the father and it is his legal obligation to maintain them.
4. yes domestic violence can still be filed as domestic relation can very easily be established in their case.
Your sister has a very strong case.
2. She can after proving that can file for alimony or maintenance.
3. The kids will always have a right on the property of the father and it is his legal obligation to maintain them.
4. yes domestic violence can still be filed as domestic relation can very easily be established in their case.
Your sister has a very strong case.
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Adv. Japnam Kaur Bindra
Gurgaon | 25+ Answers
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Under the given facts and circumstances mentioned by you following are answers to your questions.
1. No, even if your sister may be living with her Ex-Husband ( your brother in law is her Ex-Husband now), divorce by mutual consent allowed by court does not get Nullified. At the most your sister is presently living with her Ex-Husband in a relationship which is in nature of marriage.
2. It will have to be seen through contents of judgement by way of which both got divorced, if she had waived off all her rights to seek maintenaince and permanent alimony or not. She may certainly have option to get the Mutual consent decree nullified on the grounds of fraud and coercion, but that may be required to be proved in the court of law, since your sister must have appeared twice before the judge, at the time of joint statement for First motion and again at the time of recording joint statement for Second motion, and she did not raise any objection of fraud and coercion.
3. Children will have right to maintenance as well as they shall have right in property of their biological father. Since children are currently staying with mother and father both, custody issues may arise.
4. Yes, since your sister is currently living with her Ex-Husband in a relationship which is in nature of marriage, proceedings under Domestic violence act are maintainable and she can claim mainteniance for her and her children, in addition to compensation for domestic violence caused to her.
More more specific advice you may contact me.
Advocate Vivek Nasa
1. No, even if your sister may be living with her Ex-Husband ( your brother in law is her Ex-Husband now), divorce by mutual consent allowed by court does not get Nullified. At the most your sister is presently living with her Ex-Husband in a relationship which is in nature of marriage.
2. It will have to be seen through contents of judgement by way of which both got divorced, if she had waived off all her rights to seek maintenaince and permanent alimony or not. She may certainly have option to get the Mutual consent decree nullified on the grounds of fraud and coercion, but that may be required to be proved in the court of law, since your sister must have appeared twice before the judge, at the time of joint statement for First motion and again at the time of recording joint statement for Second motion, and she did not raise any objection of fraud and coercion.
3. Children will have right to maintenance as well as they shall have right in property of their biological father. Since children are currently staying with mother and father both, custody issues may arise.
4. Yes, since your sister is currently living with her Ex-Husband in a relationship which is in nature of marriage, proceedings under Domestic violence act are maintainable and she can claim mainteniance for her and her children, in addition to compensation for domestic violence caused to her.
More more specific advice you may contact me.
Advocate Vivek Nasa
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Adv. Vivek Nasa
Gurgaon | 200+ Answers
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Hi,
if she got the divorce decree then thier is no boundation on her to continue the stay with the husband, she can file criminal case of rape, wrongful restraining and wrongful confinement to her and her children..... and file the case under 125 crpc
if she got the divorce decree then thier is no boundation on her to continue the stay with the husband, she can file criminal case of rape, wrongful restraining and wrongful confinement to her and her children..... and file the case under 125 crpc
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Adv. Puneet Sharma
Faridabad | 200+ Answers
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