Can 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?

Answers (1)

305 votes
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

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Divorce Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
21 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
21 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience

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 and has been responded by one of the Divorce Lawyers at 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 or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles