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30-Apr-2023 (In Divorce Law)
I'm 32 years old married Hindu women with no kid. I got married to my maternal uncle who was 20 years elder than me at my age 21. Since he was not interested and incapable to lead family life with me my parents and relatives took me back to my parents home. After that I applied for divorce and ran case for around 5 years since opposite party ( husband) was not ready to give divorce. Unfortunately bcos of my health issues i was unable to go court and do follow up of my divorce case, so the case was dismissed and disposed. I'm living with my parents for the past 9 years. May I do my second marriage now legally?
some legal questions are around your case. when you got the exparte divorce proceedings order. have you applied for order. certain questions are to be answered accordingly. the second marriage will be possible
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Adv. Murali Krishnan Sanjeevi
Chennai | 700+ Answers
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Section 13(1)(ib) of Hindu Marriage Act, 1955 can be invoked for desertion as a ground for divorce. I urge you file it immediately and ask the matter to be tried with priority / Fast Track Court. let me know if I can be of any help.
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Adv. Sathya Narayanan Subramanian
Coimbatore | 200+ Answers
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No. you have to reopen the case and get divorce decree then only you are able to second marriage. otherwise second marriage is void ab intio as well as attract penal punishment. so approach your lawyer to reopen the case.
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Adv. Sivamanikumaran
Cuddalore | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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