Procedure to file for contested divorce


I have a Hindu friend who is not divorced she have been living separate from her husband from last 10 years With her three children without any support from her husband or in-laws She dont know where her husband is from past 10 years her husband didn't contact her or his children there is no divorce Certificate and Now she want to remarry what is the procedure

Answers (3)


326 votes

Where is your friend residing? She needs to file divorce case in family court to get divorce decree to remarry. I am practicing in Family Court in Ahmedabad. You may contact me if your friend is in Ahmedabad.


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185 votes

As she is not staying with her husband more than three years by law she can claim divorce by law. She just have to prove before Court than her husband is not with her more than three years by that she can easily get divorce.

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95 votes

Hello
1.Did she had filed a missing report of her husband.
2.If not ,what is the last date of communication .
3. If after filing of missing report seven years had been passed than she can filed a divorce petition.

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