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Person in jail a valid ground for divorce
20-Jan-2023 (In Divorce Law)
This question is on my brother behalf. My brother in jail for past 21 months for 420 case as undertrail My brother wife left home by saying lie that her father is ill and living alone in PG in delhi. She never attend any one of our call and there family members also not saying any details about her. When my brother calls from home from prison she threatend that if any on e try to meet me i will divorce and to my brother she say that if you come out and try to reach me i will divorce you and she threaten him. Due to this my brother is mentally upset due to this in jail. He loves her lot. but she harrass and threaten him a lot. Want to know being in the jail is the reason for divorce. as per HMA two year separation is the ground for divorce if he is in jail. please help and save. my brother wants to live with her and he loves him a lot. please help. She also threat if you call again i will divorce you please help
The first step to appeal the case of imprisonment. Then application for divorce shall be made. There's nothing hurdles the divorce. A petition for RCR shall be filed to reunion. If not proceed for divorce.
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Adv. Murali Krishnan Sanjeevi
Chennai | 500+ Answers
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Better take steps to secure your brother by getting a bail order. As already your brother is undergoing imprisonment for more than 21 months, he has every legal right to be enlarged on bail. Once he is out of the prison, I think he can sort out this issue with his wife. Under law your brother wife has every right to go to court to seek divorce on multiple grounds. Subject to the merits in the petition the court will decide one way or the other.
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