Hi iam

Good evening,

As long as the woman is married to the man, it will be impossible to marry her. If both this woman and the man have been legally divorced, then the woman can marry anyone she wishes. 

Divorce is the legal dissolution of a marriage, and it is considered as an option when two partners of the relationship either mutually decide to end the marriage, or if one spouse is affected by the cruelty, adultery or desertion of another spouse for more than two years.

(To read more about divorce, click this link: https://www.lawyersclubindia.com/articles/divorce-proceedings-by-power-of-attorney-11938.asp)

If this man has left his wife for eight years WITHOUT COMMUNICATION and without a legal divorce, and has committed the offence of adultery, then the woman can file for divorce stating that the man has committed adultery, and cruelty against her. If she remarries without getting a legal divorce, then such an act is a punishable offence, for upto seven years of imprisonment.

If she and her this man are legally divorced since 8 years, then there is no legal issue with you marrying her.

Hope this helps!

Regards,

Nandini

Thanks for replying mam, she doesn't know her husband address and any other details about him. Since 8 years there is no any communication. How can she file a divorce with him without her husband information and address details. Plz suggest solution.

The woman has to file a petition in family court and state the reason & proves that 8 years are living seperately.Court enquires and issue divorce decree order. 

Facts posted are inconsistent. When it is known that the husband has married another woman and is living with her, where is the question of address being not known? 

Even otherwise, while filing the last known address is sufficient and if summons, could not be served, there is the option of substituted service.

She also has the option of initiating a criminal action for the offence of  bigamy.

There are certain deeper issues involved in the facts posted as rightly observed and pointed out by expert Mr. P Venu such as knowledge and evidence of remarraige of the husband, no action taken by the legally wedded wife, living separate for the last 8 years and having communication without any address/ whereabouts, planning to remarry with you (author of this post) without a legal divorce etc.

It is better to consult and engage a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.