Christian Lady & Muslim Guy

X and Y can take divorce on mutual consent. After getting divorce decree X can marry muslim guy.

Dear Sathya Prakash Ji,

He is not ready to give divorse and more over he is absconding from past 3years there is no information of him except we know he is in some village with a lady as per the information we have received we dont have his address also.If we approach for divorse we are sure he will never give and he will demand for huge money.

Aftab.

Without divorce she can not marry.

I can suggest that

She has to lodge a complaint in the police station that her husband has been absconding for the last three years and eloped with a woman. His whereabouts is not known. Living alone with child.

Later consult a well experienced advocate to a file an affidavit in the court seeking permission for remarriage for self protection.,

Aftab,

The wife can apply for the divorce on cruelty u/s 10 of Indian Divorce Act. She will get the ex-parte order if the husband is not contesting.

Hardik ji,

Husband is absconding. First she has to lodge complaint with police. How she can prove that her husband's cruelty when his whereabout is not known for the last three years?

Dear All,

Thanks for ur reply.... as told by Mehta Ji can i file a cruelty u/s 10 of Indian Divorce Act.

She is having the proof that earlier her husband use to harass her and she has filed a complaint in Women Protection Cell, and he has given the assurance in writing that she will not repeat the mistakes,complain to police is very must pls suggest ?

Aftab,

In addition to above, even desertion and non conjugal for 3 years is cruelty. The divorce can be filed and the summons needs to be send to the last known address as well as the native address and if possible relatives address. Then the ex-parte order can be taken, if the husband is not contesting for the summons.