What is the legal procedure to remarry without divorce?

Due to alcohol and addiction habits, I have been living separately from my husband for the past 14 years. What is the legal procedure to remarry if he still isn't giving me a divorce?

2 Answers
Only verified advocates can give an answer Sign In
Ayantika Mondal
Advocate Ayantika Mondal Answered: 14 Feb 2025

There is no such legal provision of remarrying unless you have taken divorce . As per section 13 of Hindu Marriage Act,1955 there are various grounds for Divorce one of them under section 13(1) (ia) is cruelty , in your case if you are facing cruelty due to which you are leaving separately in that case it will become a valid ground of Divorce .And after divorce you can remarry .

Admin
Advocate By LEAD INDIA Answered: 14 Feb 2025

Ma’am, if you have been separated for 14 years due to your husband's alcohol addiction and he refuses divorce, you can file for contested divorce petition on grounds of desertion or cruelty in family court. Alternatively, you can seek judicial separation and it is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number. 
 

24x7 Help

If we fall short of your expectation in any way, let us know

Payment Trust

All refunds come with no questions asked guarantee

Talk to Lawyer

Talk Now