Sangeetha Elango 07 January 2022
I'm asking this for my friend. Her husband is missing from 2019. She filed a police complaint but couldn't able to trace until now. She is having a 10 years old girl. Her parents are insisting her to do a second marriage. Now she is planning to do a second marriage. Is it legal, she can do it?
Vinoth Mathiyan 07 January 2022
P. Venu (Advocate) 07 January 2022
In the absence of a decree for divorce, the second marriage amounts to the offence of bigamy.
sunny john 07 January 2022
P. Venu (Advocate) 08 January 2022
The 7 years rule suggests a different context. In such a case, the person is taken to be dead. As such there is no requirement of obtaining a divorce.
Prior to the period of 7 years, the wife could seek divorce on the ground of desertion.
Dr J C Vashista (Advocate) 08 January 2022
Very well analysed, opined and advised by experts, I endorse and appreciate.
Your friend has to wait for 7 years missing of her husband and get it declared as "presumed dead" before planning / going for another marriage, which would be iilegal and invalid at this stage.
G.L.N. Prasad (Retired employee.) 08 January 2022
Two years is a very short period, have you given a police complaint and engaged any services of private detective to show your bonafide efforts/
sunny john 09 January 2022
P. Venu (Advocate) 10 January 2022
It makes no difference she can seek divorce on the ground of desertion, if so inclined.
Dr J C Vashista (Advocate) 11 January 2022
Where and how the respondent / husband can be served court notices /summons to a missing person ?
P. Venu (Advocate) 11 January 2022
Desertion for a period of two years , without a reasonable cause, is common ground for seeking divorce under the different enactment presently in force. The extant procedure provides for serving summons in the manner as prescribed under the Code of Civil Procedure.
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