Divorce & re marry

JOTHIKUMARAN (Querist) 24 April 2012 This query is : Resolved
Dear Sir,

My brother married (register marriage - Both are Hindu's) a girl in the year 2003 and have one 9 year old daughter also. But his wife left after the marriage when he went to work out of the country and started living with another man with the daughter and also gave birth to a baby from the other man. My brother does not any contact with her from the day he came to know her another life. Now, my brother wants to get married. But he lost his marriage certificate. He would like to divorce and marry another girl.How can he get the marriage certificate and in which way he can get the divorce from her.Please advise us. He is facing nightmares every night.

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Deepak Nair (Expert) 25 April 2012
Your brother can apply for a duplicate marraige certificate from where it was issued.
After obtaining the same, your brother needs to file a petition for divorce in the Family or Civil court. It would be better if your brother contact his wife and convince her for a joint petition for divorce by mutual consent. In the petition, your brother can file an affidavit stating that the marriage certificate has been misplaced thus could not be produced. The court may consider the same if not opposed by the wife.