Need to divorce my wife

He want divorse file a HMOP in family court. She want maintanance and our chid he must pay. otherwise both are mutualy divorse without demand easy to divorse  

Divorce based on desertion.

RCR would be the first move.

RCR will fail as she is not ready to cohabit for last 1.5 years and it will remain so.

Then as it is proved that wife does not want to cohabit it amounts to desertion.

Divorce will be granted.

But its not easy as read.

Send a politely worded notice through a local advocate on behalf of your brother to your brother's wife- stating all the facts you've stated here. Give her opportunity to settle terms of mutual consent divorce with your brother. Since both do not wish to continue with the marriage, it is likely that she will not insist on maintenance, etc. Even if she insists you can mutually settle a reasonable figure and get done with a divorce by mutual consent.

Just incase she doesnt respond to the notice from your advocate, you could take the approach suggested by 'Helping Hand' regarding moving a petition for restitution of conjugal rights and so on.

1. Ask your brother if he wants divorce first of all?
2. If he says yes then ask him to find a neutral person whom he thinks his wife may speak to.
3. The message the neutral person should convey is for mutual consent divorce of parties. 

First of all ask both of them.. what they want... if both are ready to get divorce by mutual consent then it's fine... if not... then file Section 9 application to get your bhabhi back to your home and if she denies in the Court then straight forward file a Divorce Petition... I hope it will help you...

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