Dissolution of marriage

raghavendra (Querist) 02 September 2012 This query is : Resolved
sir,
i want to marry the girl who is already married ,but since last 6 years her husband is not known that where he is ,,now i want to marry that lady ,,what procedure i have to follow now ,

thanks in advance

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Devajyoti Barman (Expert) 02 September 2012
Unless she gets divorced , you can not marry her.

raghavendra (Querist) 02 September 2012
how to take divorce now

R.K Nanda (Expert) 02 September 2012
Take divorce by court order.

prabhakar singh (Expert) 02 September 2012
NO!DISAGREE WITH ALL ADVISES ADVANCED.

THE LADY YOU WANT TO MARRY NEEDS TO FILE A DECLARATORY SUIT OF CIVIL DEATH OF HER HUSBAND,ONCE SHE OBTAIN SUCH A DECREE SHE CAN MARRY WITH YOU.READ SECTION 108 OF INDIAN EVIDENCE ACT.

raghavendra (Querist) 03 September 2012
sir ,
than how to interpret section 13(vii) of Hindu marriage act ,

Raj Kumar Makkad (Expert) 03 September 2012
There is no reason to disagree with the common opinion of all experts on this subject.

raghavendra (Querist) 03 September 2012
sir,
now what she have to do ,should she file declaration suit in civil court or miscellaneous application for dissolution of marriage before family court

Arun Kumar Bhagat (Expert) 14 October 2012
In lieu of filing suit for declaration, a suit for divorce on the ground of desertion will serve your purpose becuase the divorce will be granted ex-partie.