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)


314 votes

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.


Googling your legal issue online?

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

251 votes

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 Nikhil Singh
Singh & Associates, Hubli
2 years Experience
Advocate Ricky Chopra
Sector - 49, Gurgaon
18 years Experience
Advocate Ricky Chopra
Karkardooma Court, Delhi
18 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
216 votes

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

Related questions


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



Related Articles


Related Articles