How can brother file divorce without wife’s cooperation?

My brother wants to divorce his wife, who hasn’t been cohabiting with him for a long time. Her family is preventing her from coming forward and signing the divorce documents. What is the legal procedure to get a divorce in such a case?

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Advocate By LEAD INDIA Answered: 22 May 2025

Divorce can be filed even if the wife refuses to cooperate. Your brother should file a contested divorce petition citing abandonment or cruelty. The court can proceed in her absence after repeated notices. Her presence is not mandatory if she continues to avoid the process intentionally. For further legal assistance contact us on our helpline number. 

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