Divorce
Ramesh
(Querist) 10 December 2019
This query is : Resolved
Dear Sir, My sister's marriage was performed as per Hindu rites, she is having 2 female childs and my sister's husband is a Central Govt employee, and because of 2 female child, he left my sister and it almost its coming for 2years and my sister asking him to take back but he is neglecting to take her and moreover he is saying that almost 2years had completed if he applied for Divorce in court, he can get like this my sister husband is threatening her.So, sir at present in law it is there like that if wife is not staying with husband for 2 years he can Divorce.
SHIRISH PAWAR, 7738990900
(Expert) 10 December 2019
Dear Mr. Ramesh,
If your sister has left the house for 2 years or more then in that case your sister's husband can apply for divorce and get the divorce.
Regards,
Raj Kumar Makkad
(Expert) 10 December 2019
As per your query, your sister has not left her matrimonial house rather she has either been compelled to do so or has been thrown out by her husband. She has various remedies to avail to protect her rights as well as of her daughters. It shall be better to file a petition under section 9 of Hindu Marriage Act seeking restitution of conjugal rights as well as under domestic violence act for maintenance and many other reliefs,
PARDEEP KUMAR
(Expert) 11 December 2019
Follow advise of Brother Raj kumar Makkad and Sudhir Kumar.
To add, you can also file a complaint with local police station as well as employer of your brother in law.
