Hi, issuance of notice it self can't be called as divorce and you have to verify whether you have received notice or summons from the court. if court has grant an divorce he has every right to remarriage.
Divorce without mutual understanding
My sister married a government employee and having 3 kids, 2 boys and 1 girl, girl is the eldest and 25 years old and having mental disorder. Boys are 19 and 15 respectively. My sister and her husband have some personnel issues and leaving separately from last 4 years. Last year she received divorce notices from her husband and she did not acknowledged it. Now my brother in law married another lady and leaving together. Is there any law in India that if any person can remarriage if there is no response from divorce notice. What is the next step for my sister to get her legal benefits from his husband to look after her children?
Asked 10 years ago in Family Law
Religion: Hindu
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7 Answers
We don’t know whether it is notice or summons. just did not received it from postman.
Asked 10 years ago
Is there any way to grand divorce without both parties consent?
Asked 10 years ago
no there is no way to grant divorce without both parties consent,it can be only when divorce is contested and the other party does not appear and he or she is proceeded exparte
yoou must try to find out weather or not divorce issued exparte if divorce you file restoration if not then you can for criminal proceedings. in both case you can demand maintenance from him
mere issue of notice for divorce does not amount to divorce . you are still legally wedded wife . if your husband has married during subsistence of earlier marriage then said marriage would be illegal . you can file case of bigamy against him
if your husband had filed divorce case and what you received were court summons then court could have granted your husband divorce exparte if you failed to appear .
Sir, How we know officaly, court granted divorce? My sister doesnt knew the court procedures, she and her 3 children ( including 25 years old mentaly disorder girl) is not eligible for demand maintancce from her husband?
Asked 10 years ago
she can demand maintenance from her husband for herself and 3 children . she has to check records of family court as to whether any divorce has been granted . contact a local lawyer
you need to hire services of an advocate in your area for complete information