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Vandana (Manager)     03 July 2013

Divorce

Hi, My middle sister got married in 2003 and soon trouble began in her married life.Her in laws used to abuse her and hit her at times.In 2008 our family was forced to bring her back to our house. We are three sisters.My eldest sister is the guardian as we lost our parents early in life and currently my middle sister is living for the past 5 yrs with my eldest sister.Her in laws havent made any effort during this time to take her back.In between, we did came to know that her husband was addmitted to an mental asylum for few months.She is now 35 and we are keen on getting her married again. Please suggest how should we go about the divorce proceedings. We dont know in these years the where abouts of that guys and his parents nore there is any contact number.

After how many years does the marriage become null and void. This was not a registered marriage.

Need urgent help......

 

 



 5 Replies

rahul (director)     03 July 2013

marraige never null and void... you have to take divorce before getting married... you can live 5 year or 50 year... but marriage still subsists ,

Arif Iqbal (Advocate)     03 July 2013

Please be more elaborative... whther your sister's husband was lunatic at the time of marriage... if so you can file a suit for declaring the marriage to be null and void... or else you can noe file a divorce suit on the gound of lunacy......

Vandana (Manager)     04 July 2013

hi , the guy seemed normal at the time of marriage.However, latter on he started behaving very abonormally and started send lewd letters to my Eldest sister and bother in law.One day I met his bhabhi in the market as during our brief conversation she told us that he stayed in teh asylum for couple of months. Other than that we dont have any proof of this information.We do have the letters with us that he was sending.Also, I am looking for a lawyer who can help me deal with this. Prefer to file the case either in Noida or Ghaziabad.


(Guest)

Divorce not that easy.  You are telling, he is a lunatic, and what if he turns up?  By the time your sister wil get divorce, she will be 40-41.  Think about that too.  As contested divorce takes lot of years.  If lunatic does not turn up, just file divorce, he wont appear in court, You will get exparte divorce in 6 months time. Then marry someone else.

Adv. Chandrasekhar (Advocate)     04 July 2013

Yes madam.  Your sister can get divorce.  The two grounds are (1) desertion for more than two years and (2) mental disorder coupled with cruelty.  But the problem that comes in your way is that how to serve the court notice on them.  If it is not properly served, then there will be some problems, but it is not insurmountable problem.  Further, as per you, you people are not in know of their address for the last 5 years.  But the law says, if any party does not about her spouse for the last seven years and his whereabouts are not known to any one, who supposed to know, then such situation is called "legal death" and on that ground also one can get the divorce.  Finally, I say that after drafting appropriate grounds, your sister can get divorce.


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