- You can file a Declaration suit before the Family Court for getting divorce on the ground of TALAQ E HASAN and other grounds
- However, if wife has refused to accept the notice of Talaq then she will contest the case , and only after the trail of the case divorce decree would be passed.
- If you are living abroad then you can give POA to any relative in India for appearing before the Court on your behalf and to file the case as well.
- Since , you both are separated for more than 10 years, then the separation can be a ground for getting divorce.
- Under Muslim as well Separation is a ground of Divorce, if the husband and wife have been living separately for more than two years at the time of filing petition.
- If she is living separate without any sufficient reasons then she is not entitled to get maintenance from you.
- No bigamy applied in Muslim law.