can remarriage be done without divorce if wife has disappeared

My younger brother was married to a girl in our caste …before 2.5 years Once we get a call from a police station that the father in law of my younger brother is a fraud & already FIR was logged in the police station it was a matter of money with someone…… At that time my younger brother wife was staying at his father ‘s home..suddenly the father in law,mother in law ,wife & all the family member of my younger brother were disappeared…. This incident had taken place before 2 years plz guide can he go for another marry( without getting divorce as we are not aware where those people

Answers (2)

221 votes

No sir can not go for second marriage because there is problem is that before 7 year from the date of missing of your life patner you cannot go for a second marriage .after 7year if no one hear about her that she alive or dead than we can move application to court than court pass order than we can go for second marriage so now you search her where she is .

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310 votes

your younger brother can't marry again. before remarriage divorce is necessary. If he fails to do so and remarry his act may be punishable u/s 494 Indian Penal Code. For divorce you can file petition in concerning Family Court on the ground of Cruelty and desertion If father in law of your younger brother is a fraud it's not a ground of divorce but your younger brother's wife disappears for a long period without any intimation it's a cruelty against your brother and desertion for more then 1 year without any reasonable cause is a strong ground of divorce. So first of all you have to file divorce petition on the above ground, then after divorce he can remarry.

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