Legal Question in Family Law in India
sepration
sir
I m living seprataely from my husband from five years. bt we both havnt filed anycase for divorce now i want to remarry without taking divorce is it right legally earlier we read from the paper that if the both are living seperatly for the three years may be treated as divorce kindly give me your sincere advice.
with regards
Asked on 3/03/08, 8:45 am
2 Answers from Attorneys
Re: sepration
your conception is wrong.You have to take divorce before getting married.
Answered on 3/03/08, 11:17 am
Sudershan Goel
India Law Offices of Sudershan Goel - Advocate
Re: sepration
If you are in India and are Hindus governed by Hindu Marriage Act, 1955, what you have read is certainly incorrect. there is no such "automatic" divorce in Hindu Law; you will need to seek a decree for dissolution of marraige in accordance with law from the court of appropriate jurisdiction.
Answered on 3/07/08, 3:54 am