File for divorce on grounds of mental cruelty 

2) husband refusing to stay with wife amounts to mental cruelty and is ground for divorce 

3) contested divorce proceedings take 5 years to be disposed of 

4) if husband does not contest you would get divorce in 1 year 

5) have discreet relationship 

Yes it's a adultery case if she starts relationship before divorce and will be again a ground for divorce. 

1. Section 13 of the Hindu Marriage Act 1955 says that " Has deserted the petitioner for a continuous period of not less than 2 years immediately preceding the presentation of petition".

2. If you are within the conditions as stipulated in (1) above, then you can file for divorce in the competent court of the jurisdiction.

3.  For going for contested divorce, take the help of a Lawyer.

4.  If it's not a MCD, it may take 1 to 1.5 years.

5.  If she starts relationship with someone that itself can be a ground for her husband to opt for divorce.

Case of bigamy can be filed against wife if she remarries during subsistence of earlier marriage 

2) mutual consent divorce takes 6 months 

3) legal fees depend upon the lawyer engaged by you 

The said marriage will be illegal and she can't be charged for criminal offence of bigamy

It will be an adultery but until not proved, she can claim maintenance and other reliefs from husband. Notice fo diovrce will issue at his last known residence address. Court will pass order in his absence in few hearings. 

Adultery is not a crime but only ground to deny maintenance. So enjoy.

Dear Client

1. In absence of husband of your cousin she can get Ex-parte Divorce which will take from 6 months to 1 year but for that the summons must be served to him or through some of his relative in his absence.
2. if before Getting Divorce she make relationship with other man then it will amount to adultery.
3. If she marries before getting divorce then a case of Bigamy under section 494 IPC can be registered against your cousin for marrying another man without getting divorce and her spouse is living.
4. for Getting Mutual Divorce her husband have to appear in court for two hearings but no one know about his whereabouts.

so my suggestion is that she should file a Divorce case Under section 13 HMA and try to get Ex-parte Divorce.

1. If she marries someone before divorcing the first husband, she may be sentenced U/s. 494 of IPC, which states that " Marrying again during the lifetime of husband - 7 years in jail"  if convicted.

2. If she conceals her earlier marriage to her new husband U/s. 495 IPC _ 10 years jail, if convicted.

3. Earlier U/s. 497 IPC _ Adultery _ 7 years jail, if convicted - Now Hon'ble Supreme Court has decriminalized Adultery and subsequent to the new judgement, Adultery is not considered as a criminal offence but it is only a civil wrong.

4. Better to convince the husband to agree for Mutual Consent Divorce, which saves time and money and one can get MCD within 6 months' of filing joint petition for MCD.

5. Convince your husband to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, etc.

6.In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

7.The  reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

8. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

since no information about whereabouts of your sister, therefore, file contested divorce on the grounds of mental cruelty, desertion, etc. and proceed ex parte, it will take around 1-2 years,

get summons serviced at his last known address without disclosing the fact that he is not available now,

Mutual Consent Divorce usually took 6-18 months,

marrying without divorce is not advised at it will be a void marriage, 

she can live with the person of her choice without getting a divorce and FYI adultery is no longer a crime in India

See can file a divorce on ground of cruelty and desertion that husband has left and relocated to unknown location the notice can be served to at his last known address and a newspaper publication of same can done. if she doesn't marry and is just in a relationship before divorce with third person it will be adultery for purpose of divorce but husband cannot file any criminal charges. 

New marriage is invalid and further the husband can file for bigamy case.

See for divorce on mutual ground court expenses are minimal you have to bear the lawyers fee. The time duration is around 6 to 8 months after filing generally. 

The wife can file a divorce petition in the family court for neglect cruelty. The divorce decree can be granted by the court ex parte if the husband doesn't appear.

The wife cannot marry anyone before the divorce as it would amount to bigamy which is a criminal offence.

File a divorce petition by mutual consent if the husband is ready.

Regards 

The second marriage by the wife when she is not divorced is not a valid marriage and it is a void marriage...a marriage that doesn't exist in the eyes of the law.

1) Ask her to apply for divorce in the court and wait for 7 years than court will automatically give divorce if he does not found in the meantime.

2) If she remarry with another person and her ex husband comes than he may file adultery case against her and she can't get alimony nor maintenance.

1. Without his presence she can file for contested divorce on the ground of cruelty. Her husband can contest the case.

2. A contested divorce may take around 2 years. 

3. For her to be in a relationship with someone else before dissolution of marriage is not adultery. 

4. If, however, she remarries before divorce then she will be liable to be prosecuted for the offence of bigamy which carries an imprisonment of up to 7 years under Section 494 IPC.

you can file divorce on grounds of mental cruelty. 

for contested divorce it may be takes 2 to 4 years. 

better settle dispute amicably and file mutual divorce. 

without divorce marriage is void and offence. 

As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition. 

It depends lawyer to lawyer about the charges

Someone in the last resided address of her husband has to receive the summon. if that can be done divorce will not be an issue.

Regards 

G.Rajaganapathy 

Lawyer 

High Court of Madras 

If she feels it is intolerable to continue this married life with him, she can file a contested divorce case against him on the grounds of cruelty and desertion.

This may take at least two to three years to get disposed.

She can live with anyone of her choice even during the process of divorce case, even though it is adultery but it is not an offence until she is not marrying the so called live in partner.

If she marries another person during the subsistence of her earlier marriage then it can be treated as an offence under section 494 IPC for which the punishment may extend up to 7 years imprisonment for both.

The mutual consent divorce will take at least 6 months, the expenses may be enquired from the advocate who you will be engaging

1. As per the information mentioned in the present query, makes it clear that she has decided to end her marriage.
2. Now, if she goes for the mutual then it would take almost 6 months and she might also get sum lumsum money for herself and her child.
3. If she goes for any other ground other than the mutual then that might take more time as no specific time duration under which the same should be decided.
4. And yes, if she lives with another man without divorce then husband might take it as adultery and then you won’t be getting anything in either of the cases.
5. The validity of the marriage will be void ab initio, if she marries before getting the divorce from the first husband.