I am from Gujarat(India).
I need your help. Would you please help me regarding my divorce? We (husband and wife) are separated since 6 years. Not only separated we got divorce based on our community (Panchayat). After that she got married elsewhere. I have that A4 size paper of divoced not any stamp. I did not registered my marriage.
but my problem is When I got married that time I applied for my passport and unfortunately I wrote my wife's name there.Now I need to renew my passport now and cut her name from passport.
Even though, She got married elsewhere she is not ready to come to the court for consent divorce. I tried to put forward divorce petition but she and her family not ready to come. We dont have any relation and she already got married with someone else. And ruin my life.
Would you please please suggest me anything to come out of this problem.
I expect a lot from you. I trust there is solution for my case.
Asked 10 months ago in Family Law from New Zealand
1. A marriage can be dissolved only by a court through its decree. You cannot divorce before panchayat. Your marriage is still alive and subsisting for all legal and practical reasons. The second marriage of your wife is illegal and she is liable to be prosecuted and punished for the offence of bigamy. You cannot remove your wife's name from your passport as your marriage has not yet been dissolved.
2. If she does not come forward for MCD then you may file for divorce on the ground of cruelty and desertion.
As you have been married as per the Hindu Rights you marriage can only be dissolved through procedures under Hindu Marriage act. In such a scenario divorce got through the panchayat as per the local customs of a particular community will not be recognised by any court of law. A divorce, in order to be legalised, mandatorily requires a judicial decree from a court of law and nothing less would do.
Additionally you will not be able to file a Mutual consent divorce stating that your marriage has already been dissolved by panchayat - you will have to state reasons like you are staying separately for XYZ no of years.
HERE ARE YOUR OPTIONS -
1. Though not required as per law but works very well in most of the cases. Send a legal notice to your wife asking her to come for mutual consent divorce or else she will be booked under criminal charges.
2. If she agrees and come well n good else
3. File a Divorce under cruelty and Desertion also stating Bigamy as reason - she will have to come to court for the hearings on the subject and if she does not come - you may get an ex parte order - which will suffice your requirements.
Best of Luck
I wonder why you are relying on so called divorce done by Panchayat.
Such divorce has not fore of law and the subsequent marriage done either of you is invalid and would attract bigamy.
So unless you produce any decree of divorce from court of law her name would not be deleted from passport. So better file fresh divorce suit and considering her subsequent marriage she would not co,e forward to contest the suit and you would get decree ex parte.
Divorce on the A4 size paper is not valid
2) your marriage is valid and subsisting
3) since your wife is refusing to agree for divorce by mutual consent you have to file petition in court for divorce on any of grounds mentioned underHMA
4) contact a local lawyer
Immediately file a divorce petition before the court based on the cruelty under section 13(1)(ia) of Hindu Marriage Act-1955
as she is already married with someone you may get divorce as this is also cruelty against husband, if she is not ready to appear before the court then the court may pass an ex-party order in your favor.
if you need judgment regarding the same then you have to contact over the phone or mail after pay the consultation
Feel Free to Call
Advocate, New Delhi
You may file a petition for divorce on ground of desertion through POA given to either of your parents or some close relations under Hindu Marriage Act and send notices to her address through Court . The Court after sending 3 notices will grant exparte divorce decree in your favour if she doesn't respond.
2. The process usually takes 8/10 months, and thereafter you can get her name deleted from your Passport.
1. Your divorce outside the Court id illegal and invalid.
2. So, you are still to be considered as legally married couple and her 2nd marriage without availing a decree of divorce from the Court is absolutely iillegal hence invalid.
3. You can file a police complaint against her present husband bringing the charge of bigamy for which he might be sent behind the bars.
4. File a divorce petition against her and get the ex-parte divorce decree.
5. Apply before the passport authority with the said divorce decree to delete her name as your spouse from your passport.
6. Actually your wife and he present husband has much more problem in store than that of yours.
There is not problem bout this.
If she is not willing to give mutual consent divorce dont force her.
You can file a contested divorce on the grounds of cruelty and desertion.
Let the summons for divorce case be served on her by court and she receive it and decide not to attend the court after receipt of summons.
The court on the satisfaction of summons, shall set her exparte and will pronounce exparte judgment decree.
You can attach the certified copy of judgment for renewal of passport and get her name removed accordingly.