LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raj (India)     21 April 2010

Request

Respected sir,

                                 My sister has married on 1981, she has no child..her husband has gone with another woman, there is no information about him for seven year...my sister live alone..now she interested to second marriage...how to get divorce from him..???plz give some ideas.

 

Raj

 

 



 4 Replies

Suchitra. S (Advocate)     21 April 2010

Sir, if your sister is a Hindu, and has tried her best to find her husband since all these years sincerely, and if she has not found him, she can apply for divorce under S.13 of HMA, and get remmaried after a decree of divorce.

N.K.Assumi (Advocate)     21 April 2010

I endorse the view of Suchitra.

Guest (Guest)     21 April 2010

It is not the proper section what Mr. Harsh is suggesting.  As you do not know his address, it would be not only difficult but also impossible to serve the court notice on them and until properly court notice is served on the respondent (husband), the court will not grant divorce.

Hence, you can file divorce petition under Section 13 (1) (vii) and in this case, the notice to respondent will be waived and she will get divorce. 

Dr. M.R.Diwan (planner)     22 April 2010

Please cite any judgement of High Court OR Supreme Court where in It was Held

" An order passed after the expiry of stipulated period granted by any court is illegal and without jurisdiction beside the same being contemt of court.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register