Is divorce required?

rani mehta (Querist) 26 May 2012 This query is : Resolved
Hi all,
I want your advice in one of the case pertaining to my friend.

My friend got married to a guy 5 years back.It was a love cum arranged marriage.Both of them met through a social networking site.Their families met and they agreed for marriage. The guy was in a really hurry from the beginning.

After marriage the girl went to the guys town.And then my friend's husband used to ask her not to talk to my friends family member.

He left her in one of her relatives house saying that he is going out of station for some official trip the next day of marriage.he didnt came for around 40days.Then my friend decided to come back to her village as there was no one for her in that town and also she was treated as a servant in her husbands realtives house.

Post 2 months of coming to her own house my friend got to know that the guy was already married and the marriage to my friend was for the 3rd time.The first marriage was divorced, with mutual consent from both and second was a marriage and 3rd time he got married to my friend without her knowledge for all this.

After 5 months of this, the second girl came to know about the guys 3rd marriage i.e to my friend, she was seeking divorce and the guy came in frustration and killed the girl.He was in jail for 4 years.

My friends parents are financially weak so they are not in a position to ask for divorce and my friend is still not married till date.its been 5 years for now.

Needs your advice to understand, in this case,As there is not marital relation between my friend and the guy, is divorcee required?
If yes how to go about it?Please advice.

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Adv Archana Deshmukh (Expert) 26 May 2012
The marriage of the guy with your friend during the life time of his second wife(first being a valid divorce)is void. So divorce is not required. However your friend can obtain a decree of nullity from the court.

rani mehta (Querist) 26 May 2012
Thanks you so much Archana Mam for your response, can you give me details in brief so that I can explain her about ,how to obtain a decree of nullity from the court?

R.K Nanda (Expert) 26 May 2012
File petition in family court to get decree

of nullty of marriage.

Advocate M.Bhadra (Expert) 26 May 2012
This is not a matter of divorce,your friend can file a suit for Annulment of Marriage on nullity ground in District or Family Court.

rani mehta (Querist) 26 May 2012
My friend is not in touch with the guy for the last 5 years. So, sir please advice, is the guy involvement required to file a suit for Annulment of Marriage on nullity ground in District or Family Court? or she can do that alone?

Advocate M.Bhadra (Expert) 26 May 2012
She can alone file the suit on contest as an Original Suit by issuing summon to the last address of the husband,if her husband would not appear in the suit, then suit will be heard ex-parte.

Shonee Kapoor (Expert) 29 May 2012
She would need to file a case by sending summons to last known address of the husband.

There are no short cuts.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com