Remarriage with another man
archana patil
(Querist) 20 August 2012
This query is : Resolved
i m a woman having a child and i m living with my parents and my husband didnt contacted to me, from past 8 years can i take any step of marrying another man for my child future
archana patil
(Querist) 20 August 2012
i m a woman having a child and i m living with my parents and my husband didnt contacted to me, from past 8 years can i take any step of marrying another man for my child future
venkatesh Rao
(Expert) 20 August 2012
Not until your first marriage is dissolved.
archana patil
(Querist) 20 August 2012
but my husband is not there i dont knowmy child what to do, and the man can adopt also he is willing to accept my son, is there any application that i m marrying with another man, plz its very serious i m in depression a lot
archana patil
(Querist) 20 August 2012
i dont know where is my husband now and he didnt contacted me from the past 8 years there is no future of me and my son, becoz my son needs a father to love him as a father and think of me and my future
archana patil
(Querist) 20 August 2012
i want to move for a new start of my life
V R SHROFF
(Expert) 20 August 2012
You need to obtain Divorce before marry another man.
archana patil
(Querist) 20 August 2012
what is required to get the divorce
archana patil
(Querist) 20 August 2012
what is required to get divorve
V R SHROFF
(Expert) 20 August 2012
oBTAIN COURT oRDER, FILE dIVORCE pETITION.
archana patil
(Querist) 20 August 2012
but i dont know where he is now
A V Vishal
(Expert) 21 August 2012
Based on the Dissolution of Muslim Marriage act, 1939, a Muslim woman can seek divorce on the following grounds for divorce in India.
•The husband’s whereabouts are unknown for a period of four years.
•The husband has failed to provide maintenance to the wife for at least two years.
•The husband has been under imprisonment for seven or more years.
•The husband is unable to meet the marital obligations.
•If the girl is married before fifteen and decides to end the relationship before she turns eighteen.
•The husband indulges in acts of cruelty
Devajyoti Barman
(Expert) 21 August 2012
In the divorce suit you can mention the last known address of the husband. The court may insist on paper publication.
Once those things are completed the may hear the case ex parte.
Without taking divorce first you will have no legal status with the man you are willing to marry.
K.K.Ganguly
(Expert) 21 August 2012
Your question is 'How can I get Divorce?" & "What is required to get Divorce?".
1) You can get Divorce by filing a Divorce Petition before Court. After receiving the petition, the Court will send notice to the Husband & further procedure will be followed.Notice will be sent to his last know address with or without a paper notification.
After hearing both sides the Court will/may grant a Decree of Divorce.If your husband does not appear before the Court then order may be passed without hearing him.
2) A lawyer is required to make all the arrangements for the Divorce.
If you remarry without getting the Decree of Divorce from the Court, then your remarriage will be treated as void at law.
archana patil
(Querist) 21 August 2012
how much time it will take for getting divorce
R.K Nanda
(Expert) 21 August 2012
First tell to which religion u belong as laws r different in each religion.
R.K Nanda
(Expert) 21 August 2012
State facts clearly if u want right legal advice.
archana patil
(Querist) 21 August 2012
i m a marathi girl age 30 years living in mumbai, ulhasnagar i have a child he's age is 11 and from 2004 my husband told me we live few days at your parents home and after a week he told me to do the job after that i was working in a school and later on he told me i m going to my native place the he did not come back he didn't contacted me and i contacted to him, but he didnt get me and lastly i m living with my parents from the past 8 years but no communication and with my husband till now, now my child is growing and he is in std. vi i want his future to be bright and he needs a fathers love so thats why i tought to remarriage to a man for my me and my son. that is the state fact.
archana patil
(Querist) 21 August 2012
i m a marathi girl age 30 years living in mumbai, ulhasnagar i have a child he's age is 11 and from 2004 my husband told me we live few days at your parents home and after a week he told me to do the job after that i was working in a school and later on he told me i m going to my native place the he did not come back he didn't contacted me and i contacted to him, but he didnt get me and lastly i m living with my parents from the past 8 years but no communication and with my husband till now, now my child is growing and he is in std. vi i want his future to be bright and he needs a fathers love so thats why i tought to remarriage to a man for my me and my son. that is the state fact.
archana patil
(Querist) 21 August 2012
plz reply sir i m tense too much about my son future
K.K.Ganguly
(Expert) 21 August 2012
Question: How much time it will take for getting Divorce?
Ans.: Depends on the your lawyer, your husbands lawyer & the Court.
In one of my cases it was over within 75 days, ex-parte,from the date of receipt of the Application to the date of delivering the Verdict.
In another hard fought case, it is continuing for more than 2 & 1/2 years.
adv. rajeev ( rajoo )
(Expert) 21 August 2012
File a divorce petition on the ground of desertion. After filing you will have to follow the procedure those procedure will be told by your advocate. Contact your advocate
ajay sethi
(Expert) 21 August 2012
if you are a hindu and your marriage has been solemnised as per hindu rites then you have to make application for divorce before family court . contact a local lawyer in ulhasnagar . file for divorce .
R.K Nanda
(Expert) 21 August 2012
File divorce petition on the grounds of desertion and mental creulty in family court of ur zone of ur state with the help of a local lawyer,ASAP.
Sudhir Kumar, Advocate
(Expert) 21 August 2012
You have stated you religion as Maharashtrian. Maharashtra is not a religion it is a region and Hindu, Muslim, Sikh, jan, Pasri Budhirst, Chritian, Jews are reside there.
It appears you are Hindu.
You may not be able to easily apply for divorce against a person whose whereabouts you cannot disclose to court. The notice may have to be served through newspaper as per the procedure applicatble where ever you are located.
Please consult your lawyer on the following law position
S/107 Evidence act.
When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it.
S/108 Evidence Act
1Provided that when the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is 2shifted to the person who affirms it.
If you are able to prove presumption of his death then you can marry without divorce.
However, if he is otherwise traceable to other s (not to you) your second husband can be had in for adultery.
You either obtain divorce or obtain order of presumed death.
Your lawyer will be the best person to advise based on the facts available before him.
J K Agrawal
(Expert) 21 August 2012
Archana ji
What do you want in life Love or law.
Your life on this earth is to wait for an order or to let it flow in its natural way?
A lawyer will never say to you to take any illegal step because he knows laws not life.
He has a little value of your life. Only law should be followed.
You just marry and do what do you want to do and when ever you meet your so called husband do not afraid to give him a receipt of slept. By sure your life is more important and be ready to go to jail or any where where the law of my learned friends leads to you.
Just remember the Law is for you and not you is for the Law.
Do not worry. You will meet nobody in your life to challenge your marriage. rest assured.
