Refusing divorce and claiming already got divorced but no documents

My brother n my sister in law are separated since 2013 once they were separated she used to send my brother legal notice for divorce my brother didn't respond n thn after a year later whn my bro asked her to stay back she said we already got divorced. But he never appeared in court in those years neither he was informed anything after that notice. Now he wants divorce but she is not showing my proof that they were split neither she is responding fr mutual consent. She is only saying we already got divorced; you scan and get the papers with your responsibility. Please help us n tell is it an ex parte divorce which she was applying?

Answers (3)

If your sister is saying that she got divorce already ask her to show you the decree of divorce given by the Family Court.It may be so as your brother did not appear then it may be an exparte decree,the fact is that its very difficult to say.

Googling your legal issue online?

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

If she has obtained ex parte divorce as per her claims, then your brother should consult an advocate and obtain the certified copies of the orders or decree passed by the competent court of law. The legal notice and/or summons your brother used to receive earlier should contain the details of the Matrimonial Case Reference Number and you can easily obtain the status and other information from there.

Popular Divorce Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience

If her version is true then it is obviously Ex party Decree of Divorce. Take her reply seriously and found out the Case Number from the Court having proper Jurisdiction where she may file Divorce Suit against your brother from the time of their seperation. In this regard you may take help of local Ld. Advocate for found out the Case.

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 Articles

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

Legal Services

15 Minutes Divorce Advice Session by Phone

4.8 | 371 ratings
Ask questions and get advice from a local experienced advocate on divorce and separation
Court Marriage

4.8 | 94 ratings
Work with a local experienced family advocate to guide you through your court marriage.
Legal Notice / Reply to Legal Notice for Divorce

4.6 | 45 ratings
30 Min Intro call + Start to finish help
60 Min Marriage / Relationship Counselling Session by Phone

No Ratings
60 Min telephonic counselling session with an expert relationship counsellor
File for Mutual Divorce

4.8 | 241 ratings
Get hassle-free mutual divorce for both Indian and NRI couples through experienced lawyer in your city
Marriage Registration

4.8 | 170 ratings
Get your marriage registered through an experienced local advocate in the city of your residence
Similar questions

I am a NRI living in US who wants to divorce my wife through mutual consent.I cannot travel to India for next few months because of prior commitments …

Read More

What formalities or prerequisites are required for a divorce through mutual consent, where the wife is prepared to give custody of children to the hus…

Read More

I got married in 2008 since beginning we had fights.. I physically abused her many times after marriage gradually our fights became harder and one fin…

Read More

Hi, I would like to know the procedure for mutual divorce procedure in case of husband(christian) and wife(hindu) being of different religion and also…

Read More

Talk to a lawyer for your legal issue