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Divorce pending from husband side


16-Nov-2023 (In Divorce Law)
Hello there, my friend got married around 19 months ago. Just when all the marriage rituals were completed & when she was about to leave for the in-laws house, she & her family came to know that the person was married. Husband's first wife came to the marriage hall & told to everybody that the person is already married. After knowing this harsh reality my friend's parents decided to not send her in-laws house. That person works in USA & he left India after this incident. My friend's parents want her to marry again & start her life again, in order to do that she needs to get divorce from her husband but that person is not coming back to India. He is just making excuses to come back & since then almost 18 months have gone. Time is slipping from my friend's life. He is well settled in USA & is least bothered about my friend's life. I want to know what are the options so that he could be compelled to come back to India & complete the formalities for divorce. Thanks
Answers (3)

Answer #1
945 votes
your friend's marriage is not a valid marriage and therefore there cannot be a divorce, since your friend's husband had a wife living at the time of marriage with your friend. in such a case a petition for annulment for marriage will be filed and not of divorce.
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Advocate Kawaljit Singh Bhatia

Adv. Kawaljit Singh Bhatia

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Answer #2
765 votes
You have an option to file a petition under section 11 if the Hindu Marriage Act seeking annulment of marriage on the ground of bigamy. Further you may also file a criminal complaint and seek registration of FIR
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

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Answer #3
516 votes
See if both the parties are ready to dissolve the marriage, husband can appoint an attorney on his behalf to seek divorce by mutual consent. But for second motion he needs to come. Otherwise wife can file divorce and requests to the court to summon her husband. Court has every power to summon that person. Revert me if you need assistance.
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Advocate Atul Patni

Adv. Atul Patni

LawRatoDelhi | 5+ Answers
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