Filing sect 11 divorce for my sister

Yes! If you don't have any proof of his first marriage, section 11 will ultimately not work.

I can understand that husband may not co-operate for divorce proceddings but this does not mean that suit for divorce cant be filed. Signature of both parties is required in case of mutual consent divorce under section 13B. But, if there are grounds provided in section 13, petition for divorce can be filed alone without signatures of other spouse.

In same case, court will issue summons to opposite party as it does in other suits.

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my sisters husband who is an NRI got married to my sister before getting his divorce in US and this is something only me and my sister were aware about.

if u know the fact that he was having a living spouse at the time of his subsequent marriage with ur sister, then do understand that ur sister's marriage is void ab initio.

without getting a Decree of Nullity (which is purely optional), ur sister can undergo 2nd marriage.

Dear Amith,

Did you read her last posting of aiming 2 cr maintenance ( As per bullsh*t lawyer statements) ? All her seeking was towards compensation.

Mani

yes Mani, 

i had also termed it as 

E X T O R T I O N

What option is left

Sect 11

But for this we don't have any material proof of his previous marriage with US national.We know as he told this to me and my sister before and from some of his friends in US and without material prood how can we prove marriage is void under section 11.

Sect 494 and 495

For this also we need material proofs.

MCD

For this one needs sign of both bride and groom and in our case the groom is not ready to sign anywhere.

Section 125

You say that as my sister is working so she cannot claim maintenance.

Now as Tajobs wrote we get ex-parte divorce for which we first file a divorce and when no one from boys side appear then they send summons and arrest etc against him and this will only delay and how can we get divorce when he never comes to India.

pooja in case he doesn't come to india tht will be best ground for desertion.

Something fishy Pooja!

when you already knew 1st marriage and agreed to marry your sister? how it ended up in Divorce?

When he never come to India nothing can work! take efforts to make a flag at embassy.

@ Lady,

Never mis-quote me even in dreams !

All I said here in the forum or even in PM reply to your PM is to file for Divorce (on desertion ground i.e. 2007 marriage took place and just after 2 days till today he is not with your married sister yet your married sister till date is staying at his parent's home) and it is believed he will never come (make an appearance as he himself has told you people to file 'factual' divorce and seek it too if your previous first post wordings to be still believed as query facts) then within 1 year of filing such grounds based divorce, it will be decreed as ex-parte.
How difficult is that to understand and follow now unless 2 Cr. is still the ladies goal !!!

2 00 00 000

i have never even seen that much cash at a time ...

Kaisa Dikhta Hoga !!

I spoke to the lawyer and he said that on the basis of cruelty and desetion we can file for divorce but this comes under section 498a.

Now we are confused as 498a is a dowry related law then why our lawyer is saying that this is only law for cruelty and desertion.He is insisting us to file this and he said we will also get maintenance.He also made us talk to some women from NGO and they all insist us to immediately file 498a.

@ Pooja: Are you talking for these forum sake or out of your innocence.

ALl ladies love to file 498a against their hubbies..., why exceptional?  join in the club!

@ the author, 

first understand the difference between civil & criminal proceedings.

seems that ur motto is purely Financial.

Central Government Act Section 498A(b) in The Indian Penal Code, 1860 (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.] CHAPTER XXI OF DEFAMATION CHAPTER XXI OF DEFAMATION

so pooja if theres something like this then only u should go with 498a