Can my sister get divorce from her hubby and get compensation as well?


My sister and her hubby are not living together after the day they got married. Now she has one daughter and wants to get Divorce & compensation for herself and her daughter.

 

Please help.

Answer

In case your brother-in-law is also interested in getting a Divorce, then he and your sister can apply for divorce by mutual consent. Your sister can have the custody of the child, while your brother-in-law can give permanent alimony and stridhan to your sister and provide for maintenance of the child.

 

However, in case your brother-in-law is not interested and is not agreeable to the same, then your sister can file for divorce, under various grounds, provided under the Hindu Marriage Act and can apply for maintenance for herself and the child under the said Act as well as the Maintenace Act. 

 

Grounds for Divorce under the Hindu Marriage Act, 1955 are as follows:

 

Adultery / Cruelty / Desertion / Conversion to another religion / Mental Disorder / Leprosy / Venereal Disease / Renunciation / Not Heard Alive / No Resumption of Co-habitation.


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