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divorce rules
Question
my brother was married two years complete she only live with my brother just three months when she pragnent the next day she went still she not come to live with my brother incase after more years she not come to back mother in law home to live with my brother we can get divorce without any alimony because my brother wants to live with she but she only not come back my brother home how can save my brother life.
Answer ( 1 )
If your brother intends to live with his wife, then instead of filing a divorce petition, he is advised to file a petition under section 9 of the Hindu Marriage Act (assuming that you are a Hindu) for restitution of conjugal rights. if the wife refuses to join the company of your brother, then that will be a valid ground for desertion and cruelty on the basis of which your brother can file a divorce petition. however as regards the permanent alimony that is a matter of right of the wife and discretion of the court as regards the reasonable alimony that can be awarded at the time of grant of divorce in favour of your brother.