is it required the Divorec, who ran with other man
Querist :
Anonymous
(Querist) 07 February 2011
This query is : Resolved
Dear Sir,
There is one case,
His, wife ran with other person, that too 9months pregnancy,
Actualy it happened 8 years back
now my want get marry
is he need to get first Divorec from his ran with other man wife
pls,
Querist :
Anonymous
(Querist) 07 February 2011
sir,
that i mean to say is,
my friend wife ran with her love 8 year back, now my friend want to get marry, is he required Divorce from her ( his wife )
adv. rajeev ( rajoo )
(Expert) 07 February 2011
Yes divorce from the competent civil court is necessary on the ground of adultery. If there is no divorce and wife claims maintenance etc., hiding her love what you friend will do.
Guest
(Expert) 07 February 2011
I agree with expert Rajeev
Advocate. Arunagiri
(Expert) 07 February 2011
File a case of bigamy and adultery against the wife and seek divorce on that ground.
Parveen Kr. Aggarwal
(Expert) 07 February 2011
If your friend is a Hindu, he may present petition for divorce on any of the following grounds:
Section 13 of the Hindu Marriage Act, 1955:
(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by
either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
(i) has, after the solemnization of the marriage, had voluntary, sexual intercourse with any person other than his
or her spouse;
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition;
(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have
heard of it, had that party been alive.
Out of Court
(Expert) 08 February 2011
what is the need of filing any type of case for re- marrying, his friend wife ran away 8 years back with nine months pregnancy and dissapeared( as per the problem) ....and as per law this can be presumed as death in absentia...However, there might be problem arise if the son who had been carried away in th womb may after reaching 18 years may identify ur friend and knocks the dour on ground DNA test for claim of property... thus by assuming ur frnd's wife dead either in substantial or death absentia. so it would be wise to hear the learned members advice hereinabove yo should go for divorce while keeping all these facts in mind...
Kirti Kar Tripathi
(Expert) 08 February 2011
Yes, getting divorce is legal requirement. Otherwise, who restrain him from getting marriage. Problem will ares when some one challenge the marriage.
