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(Guest)

Need urgent advise

Hi All,

I am residing in china since our sepration with my previous wife 12 years ago.I would like to know is there any prosedures to get divorce decree since we are living seperate.I have two children with her.We never meet eachother since we are seperate.I dont know where she is and never have any informations about her to my family as well.I have all evidence about seperation for these period.Now i have married with my chinese wife but for some urgent works,i must need divorce decree from india.

Thanks for your time and considerations!

pr



Learning

 6 Replies

Adv. Chandrasekhar (Advocate)     29 May 2012

1.  First you have to keep your marriage with chinese woman as secret otherwise it is criminal offence in India to marry a woman while earlier marriage is subsisting.

2.  Find out whether she is living or not?  If she is living, where she is living and go for mutual consent divorce.  You get it six months after filing the petition.

3.  If you cannot find her, you can file a divorce petition saying that you have not heard from her for the last 7 years and seek the divorce on the ground of her "civil death".  If you satisfy the court on that point, you will get divorce. 

Deep Narayan (learning)     29 May 2012

U must have first settled with ur first wife.

get information about her through any frnd or relatives about her.

Information means that is she married etc?


(Guest)

Thank you very much for your quick reply.As i mentioned that I am residing in china and i am totally unable to find her in india as my mother can give evidence about her absence into my family.Again its been 12 years already for our seperation.So which ground i would be able to file the divorce.Should i file the seperation petition forst or divorce?

thanks again!

Rajeev Kumar (Lawyer/Advocate)     29 May 2012

The ground is for desertion. Since 12 years have been passed for seperation. Then desertion is good ground for divorce.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     29 May 2012

If you are a Hindu then as per Indian Law - your second marriage is void and you may also be prosecuted for bigamy if you are an Indian. If you don't hold Indian Nationality anymore then there is little that they can do. As regards Divorce - try settling it with first wife, filing a contested divorce would give her a chance to implicate you in a lot of cases. 

Pooja_____ (HR)     29 May 2012

@Rajeev

Queriest has not declared whether he deserted his wife or her wife deserted him. It seems he deserted his wife and kids. He does not even know where his kids are? He can not take advantages of his own wrong.


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