Apni Law Staff asked 2 years ago
My sister’s husband divorced her in 2007 without informing our family. She stayed with him despite the divorce and physical abuse, fearing for her children’s future. He has been having extramarital affairs and continues to mentally torment her. She is not allowed to visit our home and only came twice for a short period after my father’s passing. He also verbally abused our family and even travelled abroad to meet another woman.
I have a few questions:
1. Since my sister still lives with her ex-husband, is their divorce valid?
2. If it is valid, how can she claim alimony since she received nothing at the time of the divorce?
3. What role do their children play in this situation?
4. Is the Domestic Violence Act applicable even though she is being mentally tortured?
Best Answer
Apni Law Staff answered 2 years ago
Yes, the divorce is valid even if your sister continues to live with her ex-husband. She can still claim alimony under the Hindu Marriage Act, even though she received nothing at the time of the divorce, by proving the circumstances of the divorce and her current financial situation. The children are a major factor, and the court will consider their best interests. The Domestic Violence Act applies to mental torture as well, and your sister can seek protection from her ex-husband’s abusive behavior.
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