quesHIndu girl married to muslim boy. Staying separate for 9 yrs.

MY FRIEND WHO IS A HINDU MARRIED A MUSLIM GUY , THEY GOT SEPERATED AND STAYING SEPERATE SINCE LAST 9 YEARS , THE COURT HAS GIVEN LIGALE DOCUMENT TO HER , FOR THE CUSTODY OF HER DAUGHTER . THE GUYS HAS NOT SEEN THEM SINCE LAST 9 YEARS . HE HAS MENTIONED IN THE POLICE NC THAT HE MARRIED TO SOME OTHER GIRL . LAST 4 DATES HE HAS NOT ATTENED THE COURT FOR THE FINAL HEARING OF THE DIVORCE . AND NOT GIVING DIVORCE . SHE WANTS TO GET MARRIED , WHAT DOES SHE DO TO GET LEGAL DIVORCE .

  • ansFirstly let us know what type of petition is pending. As far as the divorce matter is concerned, she can file divorce petition on ground of cruelty, desertion and alternatively anullity of marriage including maintenance too by showing proofs of his second marriage, income sources etc.

    If he does not turn up for hearing of case , court will proceed exparte against him and pass the decree.

     

  • ansHello
    1) Assuming that the marriage was performed under Special Marriage Act and that the lady had filled for divorce, the advocate can press for an ex parte order in the divorce petition and seek permanent custody of the child

    2)As he is a Muslim by religion he can marry while his marriage is subsisting.

    3) Your friend should file for maintenance of the child and herself and seek alimony. Once she manages to get an order in his absence she can move an execution petition and turn the great on him.

    Advocate S J Mathew

      Thane, Mumbai

  • ansHello
    Firstly let me know what type of petition in pending. As far as divorce matter is concern . she can file divorce petition on ground of cruelty, desertion n alternatively nullity of marriage including maintenance too. By showing proofs of his second marriage, income sources etc. If he does not turn up for hearing of case , court will proceed exparte against him n pass the decree.
    Regards

    Pramod kale
    Advocate

    Advocate Pramod Kale

      District Court, Shivajinagar, Pune

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