Under the Hindu Marriage Act, divorce is not possible without orders / decree of the Court. Divorce is possible either Section 13-B of the Hindu Marriage Act (with mutual consent) or under Section 13 (a contested divorce, where regular hearing would have taken place).
Any other form of divorce (such as through Panchayat or before Notary or by signing on a stamp papers, etc.) is invalid.
If you say that you never went to court and never signed any papers, then there is a likelihood that your husband might have taken ex parte decree of divorce, by somehow showing that the summons were served on you but you did not remain present in court, or some other method.
You should check the details from the court, and then take necessary legal action. If you were not aware of the divorce, or if it was obtained by fraud, then it may perhaps be possible to challenge it in court. But, you should first collect details about the divorce, who ordered it and when. You can try to get details from your husband too, by giving him a notice (or otherwise approaching him) of the illegality of the second marriage. In reply, he may perhaps give you a copy of the decree of divorce.
Once you get details of the divorce order, thereafter you can think of next possible action. Consult some local lawyer at your place with full details for a more accurate advice.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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