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Refusing divorce and claiming already got divorced but no documents
31-Jan-2023 (In Divorce Law)
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?
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.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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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.
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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.
Thanks.
Thanks.
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Adv. Suvajit Ghosh Dastidar
Kolkata | 200+ Answers
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