VARUN YADAV 24 February 2018

FOR DIVORCE

My big brother's marriage has been done in 2012 after almost 2 years since 2014 his wife went to her home. and till now she hasn't come back. now she is a government employee in punjab in military hospital since 15.now my brother has left home in august, 17. he hasn't come back.
after a long time she has talked to me and said that she want to separate and divorce. and want to start her new life. she also asked that she had talked to my brother about this but he didn't response.
please suggest what can we do in this matter because we aren't touch with my brother.
please help what should we do.

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4 Replies

(Guest)

Hon'ble Supreme Court has laid down guidelines for divorce in Jaya Ghosh Vs. Samar Ghosh case. Please study that case. Your brother's case may a qualifying case for divorce.

Vijay Raj Mahajan (Advocate) 24 February 2018

Wife of your brother can file for divorce against your brother on the ground of cruelty and desertion of 2 years or more. The court summon will be sent to the respondent/husband last known address, namely the house where you are living. You can take the court summon on behalf of your brother and need not respond. The Family Court after few attempts for sending summon and substitute notice through newspaper publication will proceed ex-parte against your brother and decide the divorce petition in favour of your sister in law.

VARUN YADAV 24 February 2018

thanks, please sir tell me the procedures

Vijay Raj Mahajan (Advocate) 25 February 2018

Divorce by mutual consent is possible if both parties are available, if one of the party is untraceable, how that will be done. If your brother is untraceable, you are left with no other option but what I suggested you, the family court in the divorce by mutual consent want the presence of both parties for dissolving marriage by decree of divorce.

Other than this is someone suggest you for bring your brother's ghost for divorce by mutual consent than I'm sorry I can't say anything more for this.

As far how to proceed with the case as I suggested you, firstly engage the lawyer who has mindset to understand the situation because many jokers are available everywhere to suggest all the things that will simply confuse you all and lead you nowhere.

Secondly the divorce case against your brother has to be filled by your sister in law and follow up the complete process as I mentioned above. You just tell all this to your sister in law to go ahead with divorce case rather waiting for your brother to return for divorce by mutual consent.

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