Legal Question in Family Law in India

I need help regarding divorce.

The issue here is a little complicated. SO I will do my best to keep it simple but anonymous.

Man and woman get married in 1988. They file for divorce by mutual consent in 1998 under section 13-B of the hindu marriage act, the grounds being mental cruelty and separation. Meanwhile the husband is charged with cheating. He runs a financial chit fund company successfully for a few years and during the divorce case, suffers a lot of financial setbacks because of which he is unable to pay back his investors. Coming back to the divorce case, the wife withdraws her mutual consent by the third hearing. The husband is unable to proceed with the case as he has to leave the city and is on the run. He changes his name and settles down to a life of anonymity with the woman he means to marry after getting a legal divorce. Now it is twelve years since. He wants to submit fresh divorce case but does not know how. In all the criminal cases filed against him, the police has declared him dead so those cases have been closed. He no longer has the same name . Should he file for divorce under his new name from his wife? Does he have to file it in the same city where they got married? The husband suspects that his wife in his absence has obtained a decree of judicial separation and was able to release all the contents of a loceker which was frozen during the time of the case in 1998. How can he get more information on this?

Please help resolve this matter as there is need to give legitimacy to his second wife and it cannot be done without a divorce decree from the first.

Also please let me know if it is possible to find out what was the outcome of the case filed in 1998 as his wife who he is still in touch with refuses to divulge any details.

PLEASE PLEASE HELP.


Asked on 6/08/10, 4:33 am

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

He may have to first come out in the open with his original identity and seek divorce from his first wife.

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Answered on 6/09/10, 2:54 am


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