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How to take divorce when divorce by mutual consent is not possible.


29-Dec-2023 (In Divorce Law)

My sister wants to marry a boy who is married, but he has left her wife seven years ago, his wife is suffering from an uncurable n unknown disease.He has been trying to take divorce from her but she is not willing to let him go.My question is can my sister marry that boy n live a normal life as married one, n if not what all steps can be taken to make the marriage legal.Please do provide ur valuable advice as three lives are stuck in this question.

Answers (3)

Answer #1
560 votes
If boy's wife is not ready to give divorce the boy can file divorce petition. Let his wife contest. If she doesn't contest the boy will get ex parte divorce in his favour. Except in case of Mohammedan a second marriage without obtaining divorce from first wife / husband is null and void. It is also an offence of Bigamy under Indian Penal Code. So only way your sister can legally marry the boy is after his divorce.
Advocate Aniruddha Prabhatkumar Pawse

Adv. Aniruddha Prabhatkumar Pawse

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Answer #2
897 votes
Even if ur sister marrying this man she won't be called a legal wife unless and until this man take legal divorce from his wife. There is no shortcut one will have to file divorce petitionand after obtaining the same he can re marry .
Advocate Sagar Kothari

Adv. Sagar Kothari

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Answer #3
881 votes
Dear client if his wife is not ready for mutual divorce then he can file contested divorce on the ground of desertion and irreparable breakdown of marriage. They already living separated from last seven year so he will get divorce on this ground. For any legal help call me

Adv prasad patil

Pune

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