It s not clear what does your sister want?

If she is also willing then meet his parents and ask for mutual divorce and one he consents then file a petition for mutual divorce which takes a typical six months of time.

If he doesn't agree then send your sister to his home.if he refuses to accept her then she can file case for maintenance sitting at her parental home.

Do not file divorce suit instantly.

Similarly filing of 498A case should be the last resort.

Without the consent of your sister, her husband cannot divorce her unilaterally.

If he's so keen to obtain a divorce, he will have to contest a case against your sister.

You sister must approach the court and must seek maintenance for herself and the child.

1. What does your sister want?

2. If she does not want divorce then she can seek maintenance from him for herself and her daughter by filing a DV case. In her DV case she can also claim compensation and alternate accommodation for herself at her husband's expense.

Your sister should File application under section 125 cr pc seek maintenance from husband for herself and child

Also file DV case seek alternative accommodation, maintenance from husband

1. Mutual divorce is possible only if both spouses are into a positive agreement to end their marriage, failing which either spouse is at liberty to file a petition for divorce unilaterally which can be contested by the other spouse.

2. Even if sister she is working she can still claim maintenance for herself and kid.

Then this could be resolved by mutual talks and the terms and conditions of separation can be settled in a mutual discussion.

Initiate a dialogue for mutual divorce.

Hi

It is not necessary to discuss any Legal procedure with the family if he has taken his decision to go ahead the divorce proceeding.

In case it is not mutually consented receding then let it go as usual and claim for the maintenance under section 125 CrPC for this self and kids the maintenance will be allowed for the maintenance and kids after considering all the financials of the both the parties and decided whatever Courtdeems appreciate.

In case she is not satisfied with the court orders about the maintenance she can move application in the upper court

hello sir, if your sister is ready to divorce then they both can file a mutual divorce petition on court..the compensation or alimony can be mutually decided and mentioned in the petition

There is nothing to worry at all, file a 125 crpc maintenance case, shoot an RTI to his office seeking for his salary certificate, ex parte ad interim maintenance you will get order, then if he doesnot pay upon execution he will be issued warrant, then in trial it will be listed for evidences, he has to speak up in court by the questions asked by judge or your lawyer at the witness box, it will serve him right, he is basically planning for an escape route without much hassles. Give him the blow, he will come on track.

1) she won't get any compensation but for kids can get and property share of father and in ancestral property.

2) for mutual divorce first need to talk with you sister and what she want lumpsum amount or monthly alimony or share in property.

3) for details picture there should be a talk on call.

All information will provide in details

please do call via consultation call.

Hello,

If the husband is not listening to you and is just sending you the divorce notices then ask your sister to file a case of harassment against the husband,once the case is filed the husband will automatically come to talk to your sister and will then resolve the issue

Your sister can file a case of maintenance and can claim maintenance for herself and for the child also.

Once her husband comes to talk after filing the case then your sister can go for mutual consent divorce and take alimony thereupon.

Regards

7 years is a good period of marriage

And our laws allows that if anyone one of the spouse is not comfortable with the another can file a divorce petition in court

But mutual divorce is always done by mutually deciding to end the marriage

Therefore papers wont affect much if you don't sign the same.

Since she is unable to maintain her child she can approach to courts and demand for maintainence

You can file application for maintenance under section 125 crpc and under Provisions of protection of woman from domestic violence Act. You can also file mutual divorce and claim lump-sum ailmony from husband.

The consent of both the parties is mandatory for getting a decree of divorce as per law, even in divorce by way of mutual understanding.

If, she is facing hardship , she should file a case for maintenance in the family court of your area and thereby she will get maintenance for herself and for her child. Working lady also can get maintenance from her husband ,if her income is not sufficient as per her standard of living or for the education purposes of her child.

If, the husband is playing with her sentiments by sending Divorce papers and not talking for her welfare then She should firstly file the Maintenance petition under section 125 crpc.

Out of this she can lodge complaint to the CWC ,where the official will try to reconcile the matter in dispute.

If, her husband files a petition for Divorce against her , even though in that case she can moved an application for maintenance .

Good luck and dont forget to Rating

Don't consent for divorce if he disagrees for lumpsum settlement.

Instead, file S.125 CrPC petition before the local magistrate court where he resides so that the court will issue warrant and arrest him for non payment of maintenance.

A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbour of life, more and more people are realising the reality of their relationships, and accepting divorce as the rational choice to a better life necessary premised on better relationships.

As per the law as it stands our legal system does not allow divorce to be granted on the ground of irretrievable breakdown of marriage or irreconcilable differences. To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other. The most common ground for divorce is cruelty. Another common ground is adultery (sexual intercourse outside wedlock) one instance of lapse of virtue can lead to divorce.

Contest his divorce case and use the facility of mediation and counselling from the court for rethink also mutual consent divorce. It is well settled that under the Hindu Law, the husband has got a personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled to a right to be maintained out of such properties. She can claim maintenance for kid and herself from her husband .A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.

As per the given information husband is seems not to be interested in the mutual consent divorce. She can file divorce petition on the ground of mental cruelty with the maintenance petition for her and her child in the court of law with the help of any local good advocate.

If your brother in law is trying to force divorce on your sister, let she not accept or agree to it.

Let him approach court seeking divorce which can be challenged on the basis of merits and evidences in her side.

If need be, let she file DV case and also maintenance case under section 125 cr.p.c.

My Sister also wants divorce, but whith mutual discussion .

The problem is her husband did not said about divorce in his family and he sends divorce letter.(without keeping his family aware )

Also she is working . So I hope she can get compensation for herself and kid.

The divorce is between both the couple and not concerned with the parents of both sides.

If she is ready and willing for mutual consent divorce let she sign the papers with the conditions of one time setlement for their child's future and her own welfare.

If he is not willing to accept her conditions let him go ahead with the contested divorce which can be challenged properly in court.

She can file divorce petition and seek alimony as well.

Hi, it is suggested to talk to him through a mediator or an advocate. Even in mutual consent divorce, the alimony etc.can be asked.