LawRato

Sister's husband wants to separate but she doesn't what can be done


11-Dec-2023 (In Divorce Law)
My sister staying with her kid at husband house and married for 5years.suddenly her husband wants to get seperated and wants to file case.do let me know whether he can file a case and under which ground? My sister wants to give a chance to the relationship.What should I do now if he files a divoce? Should any court notice will be send but to whome?
Answers (3)

Answer #1
928 votes
Your sister can try to settled the differences in the presence of both the family members. If your sisters husband still want to continue with filing the divorce, you can contest the matter by filing the objection and also can try to settle the differences bg mediation process. Court notice will be sent to your sister only.

Regards,
Sadanand
Answer #2
515 votes
In case your brother in law files divorce petition you sister has to contest the same. I do not know on what ground your brother in law is likely to seek divorce. There are specific grounds on which a spouse can seek divorce. If your sister has been driven out or compelled to stay Separately she can file petition for restitution of conjugal rights apart from seeking restraint order under D V Act
Answer #3
823 votes
Any person can file petition for divorce on grounds of physical and mental cruelty, desertion, insanity etc etc. As they are living together the petition cannot be filed on grounds of desertion. Let her file for restitution of conjugal rights.

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

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