Surya Pratap (Student) 19 November 2016

How to get a divorce from a man who left wife and a child?

Experts,

Could you please advise the family how to take divorce from a man who took a girl from home and married. She didn't know the consequences so she went with him. He used to torture her to get money from her home and also for no reason. Since she eloped she could not approach her family initially after that she could not bare his torture anymore. So she came back to her parents with babe girl (probably 6months old), its been 4 years she is staying with her parents and not even once he came to see them. Now their parents wants to get her marry again. The main problem is, they do not have any evidence of her first marriage to demand for divorce. What should the family do to get divorce legally from that man.

Thank you very much

Reply Follow

5 Replies

adv.bharat @ PUNE (Lawyer) 19 November 2016

Surya to get divorce she can file divorce case in court.

Will u appreciate my answer by giving like on my LCI profile?

1 Like

saravanan s (legal advisor) 19 November 2016

She needs to file a divorce case in the court on grounds of cruelty and desertion.

1 Like

Sachin (N.A) 19 November 2016

She can file various cases like divorce. domestic violence, 498a etc.This will presurise him to divorce her and she will be able to marry someone. Moreover child is entitiled to get maintenaice from him even she married again.

1 Like

whatnot 23 November 2016

When you say 'no' evidence does it mean, no photographs of wedding?, No eye witness in the place they got married?. No evidence of their co-habitation? No bank account? No registration of marriage?

If none exists, then she can claim 'live-in' arrangement and marry anyone . If first husband comes back , it is upto him to prove. Baby is not a proof of marriage. It is proof of co-habiting.

Is this question for academic purpose?