Legal Question in Family Law in India

desertion laws (part1)

i am sending this question in part 1 and 2 as the site doesnt accept so pls read both

i am asking this question for my sister who is 41 ,but suddenly last year her husband said to my sister that he is and going to become a sage,he disappeared 2 days later but we hav no such proofs about his renouncing the world, since then we have no contacts now you can say my sisters luck she got a very good proposal from a family seeking her remarriage to there widowed brother living in another city . when we approached the lawyer he said that she can file a divorce under dessertion only after 2 years of her husband deserting her ,the procedure for exparte dissolution can take another 2-3 yrs so a total of 4-5 yrs and the boy's side is not willing to wait that long and you know the practical problem of finding good grooms at this age for a divorced woman,


Asked on 9/19/02, 6:49 am

2 Answers from Attorneys
Umesh Bhagwat Bhagwat&Co.

Re: desertion laws (part1)

In my opinion your sister should file an application for divorce on grounds of desertion.In the meantime she can get married to the person of her choice and get the marriage registered after the divorce.Bigamy is a cognizable offence and hence anybody can file a complaint against the person.I dont think there will be any problems with regards to the children born out of the wedlock.

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Answered on 9/19/02, 8:16 am
Prabhat Shroff Shroff & Company

Re: desertion laws (part1)

FIRSTLY, THE REPLY TO YOUR SPECIFIC QUESTIONS -

# Without divorce, she can not legally marry. Practically there may not be any problems sine, as you say, husband may not create any problems; however, such marriage is void under law;

# any children born out of this so called marriage would be illegitimate; however, this problem can e tackled and the children be lkegitimised once legal marriage takes place.

# grown up son may not be part of the divorce proceedings; however, he may himself create problems in respect fo the illegal marriage;

#any person may file a case on charges of bigamy.

And now, the solutions -

1. Where, when and how was the sister married;

2. sister may socially marry, start a new life, and legally marry after doivorce; however the threat of a voidable mariage shall always remain until divorce is obtained. In any case, if she decided to marry, she shoulod first file the divorce proceedings and then marry.

3. a divorce may be filed immediately, adding the ground of cruelty also and thus avoid the limitation period of two years for desertion

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Answered on 9/20/02, 1:01 am


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