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Reshma (CONSULTANT)     26 April 2013

11 years separated. is marriage considered anulled?

Hello.. I have been separated for 11 years, husband is from a different nationality - Malaysian and country and has left India 3 months after marriage and never come back, neither made arrangements for me to go to him.
Its now been 11 years and I would like to remarry. I have spoken to him on the phone, he is in Malaysia and is a citizen there. He is okay with a divorce but refuses to come to India for the same, Is asking me to courier the documents and saying he will sign.
What are my options?

Thank you


 7 Replies

Tajobsindia (Senior Partner )     26 April 2013

1. It needs Decree from a Court
2. Inform  us first of all under which personal laws of parties or under which Marriage Laws parties got married so that Section of Law can be quoted to seek Decree from a Civil Court?.

Anjuru Chandra Sekhar (Advocate )     26 April 2013

You can file for Divorce under Section 13(1)(vii) of Hindu Marriage Act and get an order in your favor. It does not require that your husband be part of the proceedings in court in the capacity of a respondent. 

Anjuru Chandra Sekhar (Advocate )     26 April 2013

Yes.  It is true, if you are not a Hindu this is not applicable for you.

ajay sethi (lawyer)     26 April 2013

same query has been posted in experts section . it has already been replied

Sudhir Kumar, Advocate (Advocate)     26 April 2013

no you are still married

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 September 2013

nothing left to add

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