• Husband is not traceable

I got married in 1998 with my colleague thru Arya samaj, attended by his father and a few close relatives. we stayed together for 2 and a half months and due to his fathers pressure he left me after that. 
he sent me a notice , kind of threatening to divorce him else will defame me and will take me to the court. I did not respond to it as I wanted to face the matter in the court. since then there is no communication from him. 
moved to another city in a year and introduced his new employer as an unmarried man. 
I contacted him and again he replied very rudely with me , so I stopped chasing him. now after 20 years i feel like getting married. but do not have divorce decree and as per some relatives, has has already married and have children too. what should I do now. it is very clear that he is still defaming me and not letting me work in any organisation.
Asked 4 years ago in Family Law
Religion: Hindu

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11 Answers

Engage detective agency and gather evidence about your husband second marriage

2) ask him for divorce by mutual consent

3) if he refuses file for divorce on grounds of mental cruelty and desertion

4) also file complaint of bigamy against him , his second wife under section 494 of IPC

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Hi, you have to lodge a police complaint against him for Baigamy. as per law he can't marry second marriage during the subsistence of the first marriage.

Pradeep Bharathipura
Advocate, Bangalore
5399 Answers
310 Consultations

4.5 on 5.0

See if you don't know about his where about at all and he has not contacted you from last years you can take divorce on ground that husband is not heard of from last 7 years under section 13 hindu marriage Act.

Further if you know he is there and trying to harass you and is married again ask him for a mutual divorce if he denies, file a case of bigamy on him as he cannot marry when first marriage already there and file a divorce on ground of cruelty and adultery.

13. Divorce- (1) Any marriage solemnized, whether before or after the

commencement of the Act, may, on a petition presented by either the husband or

the wife, be dissolved by a decree of divorce on the ground that the other party-

(i) has, after the solemnization of the marriage had voluntary sexual intercourse

with any person other than his or her spouse; or

(ia) has, after the solemnization of the marriage, treated the petitioner with

cruelty; or

(ib) has deserted the petitioner for a continuous period of not less than two years

immediately preceding the presentation of the petition; or

(ii) has ceased to be a Hindu by conversion to another religion ; or

(iii) has been incurably of unsound mind, or has suffering continuously or

intermittently from mental disorder of such a kind and to such an extent that the

petitioner cannot reasonably be expected to live with the respondent.

Explanation- In this clause-

(a) the expression "mental disorder" means mental illness, arrested or incomplete

development of mind, psychopathic disorder or any other disorder or disability of

mind and include schizophrenia;

(b) the expression "psychopathic disorder" means a persistent disorder or disability

of mind (whether or not including sub-normality of intelligence) which results in

abnormally aggressive or seriously irresponsible conduct on the part of the other

party and whether or not it requires or is susceptible to medical treatment; or

(iv) has been suffering from a virulent and incurable form of leprosy; or

(v) has been suffering from veneral disease in a communicable form; or

(vi) has renounced the world by entering any religious order; or

(vii) has not been heard of as being alive for a period of seven years or more by

those persons who would naturally have heard of it, had that party been alive;

Explanation.- In this sub-section, the expression "desertion" means the desertion

of the petitioner by the other party to the marriage without reasonable cause and

without the consent or against the wish of such party, and includes the willful

neglect of the petitioner by the other party to the marriage, and its grammatical

variations and cognate expression shall be construed accordingly.

(1-A) Either party to a marriage, whether solemnized before or after the

commencement of this Act, may also present a petition for the dissolution of the

marriage by a decree of divorce on the ground-

(i) that there has been no resumption of cohabitation as between the parties to the

marriage for a period of one year or upwards after the passing of a decree for

judicial separation in a proceeding to which they were parties; or

(ii) that there has been no restitution of conjugal rights as between the parties to

the marriage for a period of one year or upward after the passing of a decree of

restitution of conjugal rights in a proceeding to which they were parties.

(2) A wife may also present a petition for the dissolution of her marriage by a

decree of divorce on the ground-

(i) in the case of any marriage solemnized before the commencement of this Act,

that the husband had married again before the commencement or that any other

wife of the husband married before such commencement was alive at the time of

the solemnization of the marriage of the petitioner:

Provided that in either case the other wife is alive at the time of the presentation of

the petition;

(ii) that the husband has, since the solemnization of the marriage, been guilty of

rape, sodomy or bestiality; or

(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act,

(78 of 1956), or in a proceeding under Section 125 of the Code of Criminal

Procedure, 1973, (Act 2 of 1974) or under corresponding Section 488 of the Code

of Criminal Procedure, (5 of 1898), a decree or order, as the case may be, has

been passed against the husband awarding maintenance to the wife

notwithstanding that she was living apart and that since the passing of such decree

or order, cohabitation between the parties has not been resumed for one year or

upwards;or

(iv) that her marriage (whether consummated or not) was solemnized before she

attained the age of fifteen years and she has repudiated the marriage after

attaining that age but before attaining the age of eighteen years.

Explanation.- This clause applies whether the marriage was solemnized before or

after the commencement of the Marriage Law (Amendment) Act, 1976.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If you know the where about of him and have proof of your marriage and his second marriage along with the proof of the actions he did to defame you you can file cases under section 420, 406, 498A 354 in IPC and bigamy under Hindu marriage act to give him proper lession.

You may file FIR in police or a criminal case in the criminal court of the district you live and court will order to police to register FIR and submit the report of investigation.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Unfortunately, as you are still legally married to him, you will have to first obtain a Decree of Divorce before you can even think about getting married again. However, in order to ensure that you do not spend the rest of your life in Courts, it is first important to collect concrete proof of his second marriage and then using the same, coerce him to agree for an MCD at your terms as no man would want his second wife to learn that her marriage is not valid, if she is not aware that is. If he does not agree, you have no option but to file a contested Petition on the grounds of cruelty, desertion and adultery. Alternatively, you can also initiate the criminal charges of bigamy against him

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

- As per law, you are legal wife and your husband supposed to fulfill all your needs and should accompany you.

- Unfortunately, he left you and begin to adopt the way of cruelty by sending notices and threatening .

- Now, if you want to get divorce from him from the court of law, then you should file a petition for divorce on the ground of cruelty and desertion with the last know address . The court will pass ex-parte order , if your husband not prefer to come forward for contesting the case filed by you.

- If, you know his location , then you can challenge his second marriage and further you can ask him maintenance and permanent alimony through the court of law. Under Bigamy Act , Second marriage is illegal and your husband can go behind the bar for the said offence .

- Hence, if you will trace his location , he will come to your feet as law of the land is with you.

Mohammed Shahzad
Advocate, Delhi
9920 Answers
121 Consultations

5.0 on 5.0

hello,

first of all, let me tell you that I am very sorry for what you had to go through in life. you had the raw end of the deal. while your husband had a carrier, 2 wives, kids, you didn't have anything. you should have lodged a complaint earlier but its ok.

first of all, send a legal notice through a lawyer. trace him, inform his family, don't have any regrets, that man ruined your life and didn't care for you all these years. file a complaint and the law shall be with you.

regards

Rahul Mishra
Advocate, Lucknow
13762 Answers
65 Consultations

5.0 on 5.0

and as per some relatives, has has already married and have children too ????

Dear Client,

There`s nothing to worry, Well, marriage duly solemnized cannot be annulled without order of court. You are still married with same person and that personals bound by this tie.

You have enough remedy against that person, if u pursue, he will be at loss and damage.

He is single or got married ?

Hows he defaming u even now after 20 years ?

For any of unwanted act of his, u can complaint against him,

U can marry, but have to settle little complication before that. And he is on his way to life, than U can marry,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

As he has already married to another woman without giving you the divorce he has committed a crime of bigamy for which he can be sent to jail for 10 years even now also you make complain to the police.

And as you have stated that he has been defaming you without any reason then you should also file a criminal complain agaisnt him to teach him a lesson.

And as you have also stated that you want to marry now then I advice you to only go for defamation complain to teach him a lesson but not with bigamy as if you do that then till the pendency of the trial you may also not be able to get married.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You want to get married then you may have to file a divorce case against him, get your marriage dissolved and then proceed with your proposal for second marriage, before this it would be termed as bigamy.

No doubt he is also married without divorce, but you can take legal action against him for the offences of bigamy.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

You should file for divorce on grounds on desertion and cruelty by our husband as desertion for more than 7 years is a ground of divorce under Hindu Marriage Act.

Cruelty can also be a ground for dovorce too under the act.

You can get married only getting a decree a divorce from court.

You can also file a criminal complaint against the man for bigamy under section 494 IPC which would force him to grant you divorce by way of mutual consent and you can also get some alimony through the same.

Regards.

Siddharth Jain
Advocate, New Delhi
5933 Answers
101 Consultations

5.0 on 5.0

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