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Can divorce through legal notice be granted?
01-May-2023 (In Divorce Law)
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?
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?
Issuing 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
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
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Adv. Sudershani Ray
Delhi | 200+ Answers
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