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Whereabouts of ex husband unknown can i remarry now


08-Aug-2023 (In Divorce Law)
I am living separately from my husband for past 5 years now. I am an independent woman. At time of separation we had created a notarized deed of mutual consent divorce. Now i plan to get married again. Do i need to approach court for divorce or annulment of marriage. And currently i do not know current whereabouts of my ex husband so in that case if i approach court how he will be summoned. Thanks,
Answers (3)

Answer #1
678 votes
Dear client u need to file divorce on the ground of desertion. If u remarry without divorce then yr second marriage will be ilegal. U can mention last known address of husbandin the petition. If yr husband not come to court u will get ex party divorce.for any legal help call me

Adv prasad patil

Pune
Answer #2
882 votes
under Indian laws, any person either missing or not know his whereabouts period is 7 years to be declared him dead legally.

further, mutual consent divorce as notarized deed is illegal and not allowed under Indian laws.

you will have to approach family court for divorce.

the court will very easily grant you the divorce even in absence of your ex-husband.

the court can proceed and decide the matter even when your ex-husband does not appears / attends or comes to court.
Answer #3
587 votes
You are advised to file case in court for annulment of marriage and advocate will follow procedure do not worry sufficient procedure is there your marriage may be annulled the procedure to annual the marriage.

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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