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Wife is not ready to divorce or live with husband


05-Jan-2023 (In Family Law)
My brother is married in 2006 . From last 3 years he is living separately from his wife. His wife is not ready to stay with him and not giving mutual divorce. Their 13 years daughter also living with mother. What we can do in this case as she is not ready to live along with brother and not giving divorce.
Answers (2)

Answer #1
856 votes
file a contested divorce or before filing the same you can also file a petition under section 9 HMA and decree in your brother favourr will gave another ground of divorce. so contested divorce I will suggest you instead of mutual one
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Advocate Munish Goyal

Adv. Munish Goyal

LawRato Khanna | 25+ Answers
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Answer #2
697 votes
In this case its your brother's decision either he want to live with his wife or not. No law in the country can force to live or get separated from the other spouse. Once he make up his mind to get separated and if there are legal grounds for divorce he would get divorce.
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Advocate Mohit Sadana

Adv. Mohit Sadana

LawRatoMohali | 50+ Answers
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