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How can i get married again if husband missing since 5 years
12-May-2023 (In Family Law)
I am a married lady. My husband is missing from almost last five years. From December I am in a live in relationship with another man. Now I am pregnant from that man. I don't want to live with my husband. I don't want to carry my marriage with him. How can I am free from this marriage. And how I can marry to the person from whom I get pregnant.
As per law any person unheard for 7 years can be presumed dead. in your case its five year. so i would suggest to you to file a divorce case . as he wont be appearing in the case an expartee decree will be granted . thereafter you are legally entitled to get married to this new man. that way your marriage would be legal. for detailed information if any you need . you can contact me.
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Adv. Pratik Duhan
Panipat | 100+ Answers
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Unless, you seek divorce from your husband, you shall be considered his wife meaning thereby that you are in illegal relationship with this person and the child begotten out of this relation shall be a illegitimate child. You can only marry this person after taking divorce but as he is missing since last five years, then you have to wait for another two years and on completion of the period of seven years since the day of his going missing and he does not come back till then, you shall be required to file a case in the Court for getting him declared dead (Civil death) and on getting the order of Court to that effect in your favour, you shall be considered a widow and then only, you can marry this person.
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Adv. Devender Kumar Kataria
Gurgaon / Gurugram | 100+ Answers
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U can not marry to person without getting divorce from ur husband. This is offence under Indian law. Or ur husband must be declared as dead before u marry another husband. There are other ways also which can be used by you.
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Adv. Lalit Goyat
Hisar | 25+ Answers
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