Legal Question in Family Law in India
My brother & his wife took divorce with mutual understanding on 100 rs stamp paper with witnesses. afterthat he married again in 15 days of divorce. now ex wife filed a 2 cases. (1) in local police station -498a & (2) in district civil court- cancellation of divorce.
my brother is not attending any date of hiring. he scared. this is first time in my family we are facing police & court so we dont know what to do
can you please guide us. now what to do? & what can happen?
6 Answers from Attorneys
your brother has done a mistake by simply entering an agreement to divorce instead of approach the court by way of filing a petition for divorce by mutual consent. hire a competent lawyer to get out of this mess.
There is no divorce in eyes Law if its not granted by court of Law, by simply executing a Rs.100 stamp paper as "divorce agreement" you can not dissolve a marriage. Get a legal advise as soon as possible.
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Approach local lawyer or send us your complete detail and location may be we can help you at your place. but frankly speaking your brother is not divorced and court will cancell his agreement and his second marriage will be null and void. So better to defend your case with an expert lawyer else your whole family will be in trouble. you may send your query at [email protected] or contact us at 09814110005
Is your brother uneducated ? Please clarify. There is no Divorce and his wife has filed criminal case against him , He has to face it.
such divorce is null & void and therefore legally there is no divorce. You can approach a local lawyer and defend the case or go for settlement.
divorce is not valid.
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