Legal Question in Family Law in India

Hello SIr,

I have a query regarding one of my aunt's marital status. She Got married in December 2000, in Ajmer City, Rajasthan. She initially was happy,but after few months she got physically and mentally tortured. Though, she survived, according to our so called indian culture she could not return to her parents. she remained in the marriage for 7 years. She has two kids, one is boy and another a girl. Her husband tortured her a lot somewhere in 2006, so she had no option but to be back to her parents home. She has been living with her daughter since 2006 at her sister's house, where her condition is not good enough. Her first child is living with his father. now we want her to get married, but as we know for that we require divorce papers. She talked to her husband but he is neither ready to give divorce nor to accept her and give her a respect ful life. One of my friend who is a lawyer told me that If Husband and wife are living saperately for more than 3 years of tenure, they automatically get divorced according to the indian law. I wanted to know if it is true or not? Can we file an affidavit in the court and can she get married to another person?

Please help in this regard urgently, as this is really important.

thanks in advance.

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