My wife went away from me 11 years ago

My wife left my home with her parents and since then she did not communicate me. Before leaving she miscarriage my two month baby through medicine. Now I want to marriage please guide me

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Family

Posted on 26-Nov-18

Advocate Kishan Retired

Answered on 02-Dec-18

Dear Sir, Just issue a formal notice and then file a divorce case and get divorce in local family court and then marry for second time otherwise the following section attracts against you. Section 494 in The Indian Penal Code 494. Marrying again during lifetime of husband or wife.Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (Exception) This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

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Advocate Pranesh

Answered on 05-Dec-18

You can file divorce case in HMA on the ground of cruelty and desertion you can contact me on 9213389446 for further assistance

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