• Seeking for an advice on divorce for girl not being with husband for 4-5 years & guy is not interest

My colleague had married a boy in 2013. Though it was an arranged marriage in Hindu family & the guy kept his other descreet relationship hidden from my friend. Later when she confronted him, he promised that he will be loyal to her. However, his relationship with other lady didn't end there. After all attempt of trying to save the marriage exhausted, she decided to quit the relation and both got separated. However, after her demand for divorce he replied that as the registration of marriage had not taken place they need not to get legal divorce. He suggested her to get on with life and declined to complete any legal procedure. He is not even willing to see the court. In this scenario,

1) Can she marry to another guy as neither marriage registration nor divorce has taken place legally? Can it cause problem in her future marriage?

2) She is basically from Mumbai and working at Pune. Which court she should be filing the case if she wants to opt for legal divorce? (The guy is also from Mumbai and works in Pune. He also hasn't got married)

3) Can she get one sided divorce as they are not staying together for over 4-5 years now and the guy is not willing to attend court?

4) Should she demand allimony even if she is working?

5) What can be fastest way to legally clear the matter & move on?
Asked 4 years ago in Family Law
Religion: Hindu

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19 Answers

1) lady cannot remarry during subsistence of earlier marriage

2) she needs to obtain divorce decree from court

3) divorce petition can be filed within jurisdiction of court wherein marriage was solemnised or where they stayed after marriage or where girl is residing

4) if husband does not contest wife can obtain exparte divorce

5) claim alimony from husband

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Dear,

1.No she can't marry again, without legally divorced. If she does so, her husband is free to file

case against her.

2. First of all appoint local advocate and he guides all the procedure, she can file case in family court

in her area.

3.Yes she can, if he don't want to come in court proceedings, then court issue arrest warrant against him

and in another case they are separated for over 4 to 5 years, liable for divorce.

4.She can demand, it's up to the court mind, they give or not.

5.Mutual divorce.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

1. yes even not registered the previous marriage is valid in that course a divorce decree is needed her present husband can file a case on bigamy and adultery on her and new husband if no divorce is taken.

02. The divorce has to be filed at the place they last resided together or where marriage is solemnised or the boy is now residing.

03. if guy doesnot attend court she will get exparte divorce.

04. YEs she can demand same.

05. Mutual divorce is the fastest way.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Non registration dose not make marriage invalid. Court order is request to dissolve (divorce) marriage which she can obtained by mutual consent or on the ground of adultery. While subsistence of previous marriage, 2nd marriage is void and offense of bigamy.

Case can be filed at either place.

She can claim expanses incurred on marriage.

Mutual consent divorce in 6 months.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. In order to get divorce, the marriage registration is not mandatory. The parties will have to take divorce before another marriage.

2. The case can be filed at the place where she is living right now.

3. Yes, divorce can be filed by her on the ground of desertion.

4. Yes she can demand alimony.

5. Fastest way would have been mutual consent divorce, but then since he is not ready then the filing of a divorce is mandatory and the only way out.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi

In response to your post, the reply to questions raised in your query are as under:

1. No, she cannot marry another guy. She has to obtain divorce from competent court. Yes it will lead multiplicity of litigation.

2. Basically, the case should be filed at the place where the couple lived before separation. However, for convenience, since both the parties are at Pune, she can file the case in Pune family court.

3. No, she cannot. It is advisable to obtain contest Divorce.

4. It depends on reasons for separation, if she is at fault chances are remote. Even otherwise, it is between the parties. When the lady is working and can support herself, the chances are bleak.

5. File for Mutual Consent Divorce, i.e., around 6 months it can be obtained.

PS: The above replies are based on the contents of post only.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Registration of marriage is not compulsory but decree of divorce must be obtained from court. She cannot marry unless divorce is granted. Firstly ask her to send him legal notice seeking for mutual consent divorce if he refuses thereafter file for divorce on ground of desertion if he has left her alone for more than two years or under ground of cruelty. If he doesn't appear in case court will grant ex parte decree of divorce without appearance of other party. If she wants divorce it's suggested not to seek alimony. Fast way is mutual consent divorce. Jurisdiction wil be where girl is presently residing for work.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. No she cannot, if her first marriage with this guy was in accordance with Hindu rituals, she needs to take a divorce under the Hindu Marriage ACt.

2. She can file it at Pune.

3. Yes, she can.

4. Depends on what the other side is capable of payting.

5. Mutual consent divorce, but the husband to will have to participate in the Court proceedings for this.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

1. Non registration of marriage does not make the marriage invalid. So once it was performed as per Hindu rites and customs it can be dissolved only by way of decree of divorce. So your friend can not remarry until and unless she gives divorce to her husband first.

2. She can file divorce suit form her present place of residence i.e. Pune .

3. No amount of staying separated will make the divorce easy. So if her husband does not appear then the court can decide ex parte.

4. No unless their respective income hugely uneven.

5. To file for mutual divorce.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Client

1. She cannot marry another guy till she is legally divorced. Non registration of marriage does not mean that mairrage is annuled or void.

2. She can file the divorce at any of the below places i.e a) where marriage took place, or b) where they resided after marriage, or c) from her maternal home or d) where she is residing and working at present.

3. Yes she can get one sided divorce.

4. Yes she can demand alimony if husband earnings is more than her.

5. Fastest way is divorce by mutual consent.

Adv Vikas Khatri

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

Even if the marriage is not registered divorce is necessary to be obtained she cannot go for marry without divorce.

She can file a divorce petition either at her place in Mumbai other place both of them lived together.

Alimony is different than the maintenance we can definitely ask for.

If possible a mutual consent divorce maybe moved out to get quick legal solution

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) yes she is unmarried or divorced then she can marry.

2)She can file petition in Mumbai as she is lastly resided in Mumbai. And if she presently residing in Goa their also she can file the petition.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1) Can she marry to another guy as neither marriage registration nor divorce has taken place legally? Can it cause problem in her future marriage?

Answer: No she cannot remarry. That would be illegal and her next marriage will always be void in the eyes of law;

2) She is basically from Mumbai and working at Pune. Which court she should be filing the case if she wants to opt for legal divorce? (The guy is also from Mumbai and works in Pune. He also hasn't got married)

Answer: She should file the case for divorce at the place she got married;

3) Can she get one sided divorce as they are not staying together for over 4-5 years now and the guy is not willing to attend court?

Answer: Yes she can get ex-parte divorce;

4) Should she demand allimony even if she is working?

Answer: She should definitely demand interim maintenance and also permanent alimony;

5) What can be fastest way to legally clear the matter & move on?

Answer: Fastest option is to find the guy and take mutual consent divorce.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. Whether her marriage was registered or not, the solemnisation of marriage cannot be denied hence her marriage is a legally valid one.

She cannot marry another person while the her marriage is already subsisting and the spouse is living. She has to file a divorce case seeking to dissolve their marriage by a decree of divorce on the grounds of cruelty and then after getting the divorce decree in her favor, she may choose to marry another person, if she marries another person without this then that act may be defined as an act of bigamy, punishable under law and also that marriage is not legally valid, it is null and void.

2. If she is residing in Pune then she can file divorce case in Pune also otherwise she can file in Mumbai.

3. Let she file the divorce case on the grounds of desertion and cruelty, if he receives the summons and not appearing to appear before court then she can get an exparte divorce.

4. She may not be eligible for that if she is employed.

5. By approaching court with a divorce case.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

1. See in mutual consent only he can avoid alimony otherwise your friend can file divorce can seek alimony maintenance if he fails to appear the case maintenance alimony shall be decoded in her favour.

2. Court will not issue warrant it will give ex-parte order against him.

3.yes once the order is made for maintenance in ex-parte divorce same can be executed by court if he fails to pay then property of him can be attached.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Husband is bound to pay alimony to wife

2) no arrest warrant is issued in divorce cases

3) if husband does not attend court then court can grant you exparte decree and award you alimony

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Alimony cant be available.

Court will pass ex parte order if he dose not attend court hearing.

Yes, divorce wife entitle to maintenance, with diovrce case she can seek separate accommodation/rent and maintenance. .

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. She may not be eligible for maintenance or alimony if she is employed and drawing salary income.

However if she do not want to leave the house that is belonging to him,. she can very well remain there itself and fight her divorce case.

She can remain in that house till she is his legally wedded wife.

2. No that is not possible, because this is a civil case, she can get an exparte order against him.

3. The divorce case is different to that of maintenance case.

She has to file a separate case seeking permanent alimony, in that also if she is able to get exparte decree, then she can initiate steps for recovery through his company.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

1. No he can not avoid alimony.

2. No, first take legal route and afterwards if he does not appear then the court will take appropriate action.

3. If in ex parte divorce alimony is granted then an execution application may be filed to obtain the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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