Need Help... (MIS-Executive) 26 March 2014

Need help.... ?

Dear Experts,

Husband & Wife both of Hindu. Wife & Son not staying with husband last 5 years. Wife & Son staying with her parents home. No Maintenance no Divorce no any legal action taken by any one. Wife not interested to stay with husband in future. Marriage period is almost 7 & Half Years. Husband working and wife also working both of having good type salary. This all Back ground. Now my queries are:

1) Wife send 3 Notice to husband address but husband not staying that address .. what will Happened ?

2) After 3 notices (husband not received) court can pass ex part Divorce to wife.

3) Basically i heard with out any procedure after 4 years husband wife staying separately no any relation they both of automatically divorcee

4) with out any divorce procedure after 4-5 years both of go for second marriage and this second marriage is void or valid.

5) After 7 Years marriage period still wife can case filed for 498 Case.

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2 Replies

(Guest)

1) Wife send 3 Notice to husband address but husband not staying that address .. what will Happened ?

Opinion: The petitioners has to publish the notice in the leading newspaper and request for ex-parte after non appearance of husband.

2) After 3 notices (husband not received) court can pass ex part Divorce to wife.

Opinion: as stated above

3) Basically i heard with out any procedure after 4 years husband wife staying separately no any relation they both of automatically divorcee

Opinion: Nothing Like that..

For permanent separation and to re-marry you have to legally divorce through court.

And nothing goes automatically even non consummation goes for 20 years. Still they will called as husband and wife until and unless either of them not goes for filing divorce on said ground.

4) with out any divorce procedure after 4-5 years both of go for second marriage and this second marriage is void or valid.

Opinion: Void ab initio as well as it will counter for Bigamy if it is proved but chances are less as marriage is void.For Bigamy a valid marriage is needed with evidences.

5) After 7 Years marriage period still wife can case filed for 498 Case.

Opinion: Yes she can file 498A even she is at her oldest age. There is no barred for filing any cases in India. It only needs a greedy Lawyer + unscrupulous thought.

But IPC 304B can't be entertained after crossing 7 years of marriage.

https://everysuffererisasaviour.blogspot.in/

Kapil Gupta (Advocate) 26 March 2014

Dear client, I reply your query one by one in the sequence of your questions- 1- You should publish that notice in a leading newspaper and retain the copy of that. 2- After 90 days from publishing in the newspaper, you should apply in the court for divorce on the basis of ex-parte. 3- That is not considered as automatic divorce but on the basis of desertion for such a long time, the court can issue the decree of ex parte divorce. 4- You can remarry only after the divorce declared by the court. 5- The case on the 498a is for the domestic violence. That has no time compulsion. The time compulsion is for the dowry death only. For anymore help, you can contact me on my e- mail id or my mobile. Yhank you.