• 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 2 years ago in Family Law from ALEPPY, Kerala
Religion: Hindu
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.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
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
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
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 .
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
you need to hire services of an advocate in your area for complete information
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0

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