Marriage after separation for long - allowed by law?

seven years no contact automatically marriage ends for ever per IPC

Two years separation and if the respondent deserts without any reasonable cause, then divorce can be granted, but not annulment.  It cannot be automatic.  The petitioner has to file divorce petition and has to prove that the respondent left the cohabition without any sufficient reason.

again when no communication how would you post your notices or copy of divorce petitions to your spouse!

Law is clear u have to give your copy papers to the respondents without that court would not admit, the matter.

you have to provide documents of your case to spouse only not to parents. Given dcument copies to parents is inept.

any exparte decision cam be revoked. so 2 v year law is also is not a complete law some law only1 

I would try to clarify the position.  In the case of two years separation, you have to serve the notice to the last known address of the respondent and if it is returned unserved, you get permission to issue newspaper publication and after that court will take evidence and grant divorce.  In the case of seven years period, it is not separation.  It is called "legal death", that the petitioner has not heard of any thing about the respondent.  In that case you have to prove FIR lodged by the petitioner which was lodged seven years back and also serve the notice on the parents or friends, who shall be in ordinary course will be having contact with the respondent.  Once court takes the FIR evidence and the respondent's relatives, then only declare the legal death of the respondent and grant divorce.

Originally posted by : dr g balakrishnan
	seven years no contact automatically marriage ends for ever per IPC

I shall be very greatful if Dr Balakrishnan could enlighten me with the specific IPC provision (or for any other law) providing with automatic end of marriage due to seperation of 7 years.

Marriage  (unless there is divorce) is not annualled even by 17/27/37 years of seperation. No re-marraige required for couple to re-unite.

sec 494 exceptions in iPC can be noted  for benefit sudir kumarji's information pls.

when these sections used advocate need to be confident about his clients claims else he might become an abettor of an offence too! 

so care is vital many come on internet with misusing sections so when advising one must be careful in this 21st century pls 

section 494 IPC reads :-

Section 494. Marrying again during lifetime of husband or wife

Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descriptttion for a term which may extend to seven years, and shall also be liable to fine.

Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction,

nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

It is not mere withdrawal from company but the person should also have been unheard.  No doubt such person can also be presumed dead as per section 107 of evidence act.  But in this case it is stated that they have merely lived separately not stated that they did not know each other to be alive or to be unaware of whereabouts.

There is no law in India where marriage can end automatically by separation.  Marriage can only end automatically when either of the spouse dies or when any one spouse is legally declared dead by the court. For it one should be unheard of for at least last 7 years and you will have to prove that in court and only after the court declares that person dead, the marriage ends.

Thanks dr g balakrishnan for misguiding people by giving free advice.