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Subarna Sardar   12 February 2018

Divorce after 7 years

Me and My wife live seperated for 6 years. We dont hear anyone since that time. Can I remarraige after 7 years?? Section 494 of the Indian Penal Code exempts from punishment a second marriage contracted seven years after the absence of the spouse. Can I use the same?? What is the procedure?? Kindly guide...



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 5 Replies

Vijay Raj Mahajan (Advocate)     12 February 2018

7 years unheard as being alive, but if heard as being alive although separated for 7 years will not permit the proviso. Best is to apply for divorce on the ground of desertion for 6 years and if she's not appearing in Family Court to defend the divorce petition get ex-parte decree of divorce.
1 Like

Vijay Raj Mahajan (Advocate)     12 February 2018

7 years unheard as being alive, but if heard as being alive although separated for 7 years will not permit the proviso. Best is to apply for divorce on the ground of desertion for 6 years and if she's not appearing in Family Court to defend the divorce petition get ex-parte decree of divorce.

Adv Radhika Mehta (Advocate)     12 February 2018

No you cannot use the same. The same is also a ground for Divorce under the Hindu Marriage Act.  You will have to approach the Family Court and obtain a Divorce on the ground of desertion and other available grounds.  

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ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     13 February 2018

apply for divorce as suggested by Ld. friends

hnk (abc)     25 February 2018

in most of the case wife dont give divorce nither stays with the husband but gives lots of complaints and conditions.

at present legal sitaution is  like  husbad filing divorce is meaning less it is treated as husbands fault.

even the case is filed it keep on going, what is your suggestion for such husband.


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