About sepration

abhay (Querist) 07 October 2010 This query is : Resolved
hello sir/mam
husband n wife not living together sine last 5 years and husband all most left her . she don't know about him where he is . so how she can get divorce 4m him n she want to marry to other person . can she get marry 2nd to other man. plz give us advice .
then how can get divorce if he is missing

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pawan sharma (Expert) 07 October 2010
No, with the divorce she can't marrige with other. After the expirey of the period of 7 years than she get the decree og civil death from the court.

pawan sharma (Expert) 07 October 2010
may be added after the word "with" the word, OUT.

Amita Chaudhary (Expert) 07 October 2010
well she can file for divorce on the ground of desertion and stating his last known address or permanent address.. well in case he does not appear the husband would be proceeded ex parte and ex parte decree of divorcee would be passed.

s.subramanian (Expert) 07 October 2010
I agree with Amita.

Devajyoti Barman (Expert) 07 October 2010
Right.

Madan Gopal Dasaur (Expert) 07 October 2010
right/ I agree Ex-party decree can be there i

M/s. Y-not legal services (Expert) 07 October 2010
Yes.. Amita's words is exactly correct.. No need to be waiting for 7 years.. She can file a petition grounds of desertion..

Chanchal Nag Chowdhury (Expert) 08 October 2010
File for divorce.If the same cannot be obtained in 2 years, insist on civil death as an addl. ground if the husband is still untraceable.