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What to do when wife is not giving divorce
17-Jun-2023 (In Divorce Law)
This problem belongs to my younger brother. His wife neither is giving divorce nor wants to live with him. By religion- Hindu. They have done legal marriage with religious activity.
Send her legal notice for restitution of conjugal rights. Thereafter if she does not reply or whether she replies the same ask your brother to file a case for restitution of conjugal rights.
There must be some reason for not living with your brother....find out that and resolve that point.
Adv. Suneeta Shukla
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Adv. Suneeta Ramesh Shukla
Ahmedabad | 50+ Answers
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In this case your brother can file case U/S 9 of Hindu Marraige Act for restitution of conjugal rights. Wait and watch her response , if she deny to come back your borther could file divorce petition.
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Adv. Ashwini Ramrao Deshmukh
Vadodara | 100+ Answers
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Hi,
You can file the petition for divorce on the basis of cruelty and contest it in the concern family court.
If there are sufficient acts or incidents that proves cruelty , your brother will get the divorce .
Thanks
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Adv. Ramit Sehrawat
Delhi | 400+ Answers
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You are not specified what issues between them.
However your brother are wish to continue his marriage, he can file suit in the court for restitution of conjugal right. But if he want to divorce he can file suit for divorce.
Notwithstanding you can issue legal notice through advocate before the court proceedings
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Adv. Jaykumar Varma
Vadodara | 25+ Answers
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