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separatedcoupledivorce,suggest


26-Feb-2023 (In Divorce Law)
I got married to my maternal uncle when I was 16(Hindu), I have 2 kids now who are 20,17. I got separated from my husband in 2005 and I filed a divorce in 2016, but he is not properly responding nor appearing sometimes. I am currently in US with kids since 2011. Is there a possibility or any law which provides divorce who are separated for such long time ? as he is my uncle, I am not even asking for any alimony or for any kids expenses. Pls suggest.
Answers (2)

Answer #1
789 votes
divorce by mutual is one option, or individual divorce or voidable marriage if you have any evidence for your age at the time of your marriage,and also in this case, your separated from your husband since 13 years..so, separated couples separated more than two years legally eligible for divorce. and. also you apply for divorce u/s.13 b 1 (i). it is a section of harassment of one on other.
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Answer #2
794 votes
hi
since both of you are separated for 14 long years, you can ask the family court to grant divorce on sole grounds of 14 years of separation. also since you are not asking for alimony and maintenance, you can always submit a petition to family court to consider grant of divorce on sole ground of longevity of separation period. if family court rejects, you can approach high court . you may use judgement of division bench Rajasthan high court in this regard to support your
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