Divorce after 7 years


Me and My wife live seperated for 6 years. We dont hear anyone since that time. Can I remarraige after 7 years?? Section 494 of the Indian Penal Code exempts from punishment a second marriage contracted seven years after the absence of the spouse. Can I use the same?? What is the procedure?? Kindly guide...

 
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Advocate

7 years unheard as being alive, but if heard as being alive although separated for 7 years will not permit the proviso. Best is to apply for divorce on the ground of desertion for 6 years and if she's not appearing in Family Court to defend the divorce petition get ex-parte decree of divorce.

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Advocate

7 years unheard as being alive, but if heard as being alive although separated for 7 years will not permit the proviso. Best is to apply for divorce on the ground of desertion for 6 years and if she's not appearing in Family Court to defend the divorce petition get ex-parte decree of divorce.
 
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You wanted to remarry? Why you waited 7 years? Simply wasted.

Remarry? ---- have divorce decree? Yes.. Remarry

Dont have divorce decree - remarry? Go jail. face host of cases unheard of in past 7 years. Still be in jail.

But my question is. Why remarry idea now? When you should have, you were sleeping. When you should be snoring, you want to dance?

 
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Advocate

No you cannot use the same. The same is also a ground for Divorce under the Hindu Marriage Act.  You will have to approach the Family Court and obtain a Divorce on the ground of desertion and other available grounds.  


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Advocate/ Legal Consultant

apply for divorce as suggested by Ld. friends
 
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