DIVORCE

Querist : Anonymous (Querist) 27 February 2010 This query is : Resolved
Dear Sir,
my cousin got married 5 yrs ago and soon after her marriage her in-laws started torturing her both mentally & physically, along with harassment for dowry.after a period of 2 years her husband deserted her and has been untraceable since then.subsequently we filed cases of dowry,domestic violence & maintenance against her in-laws.we now want our cousin to get married and as such we seek divorce.
in this circumstances we want to know if we can file a divorce case and get the divorce even when we have already filed other cases ( as said above )?

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Arvind Singh Chauhan (Expert) 27 February 2010
Definitely you can file suit for divorce on the grounds cruelty or desertion, along with proceedings already going on.

prakash vathore (Expert) 27 February 2010
yes u can.

Parveen Kr. Aggarwal (Expert) 27 February 2010
Pendency of cases for dowry, domestic violence and maintenance shall not in any manner curtail the right of your cousin to file a petition for divorce against her husband.

Querist : Anonymous (Querist) 27 February 2010
thanks for replies gentlemen !
but i would like to know that, since my cousin's husband has deserted her & and is untraceable since more then 3 years then how would she get the divorce & will she get the divorce quickly or will the divorce case go on for years ?

Parveen Kr. Aggarwal (Expert) 28 February 2010
Even if the respondent is not traceable, a petition for divorce may proceed. The service of summons may be through publication. If the respondent is proceeded against ex parte then the petition will be decided within a short span of time.

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