• Divorce legal guidance

I got married in year 2014 and within months i learned that girl has some past history.She wanted to marry someone else and we couldn't live with this.Since she was distant relative after discussion with senior family member and her parents , her parents took her back.We stayed together only for around 7 months.Since august 2015 she is staying with her parents.I want to close this gracefully possibly quickly .I want to know what are my options.Since she is distant relative , can my other relatives play any role for graceful separation. Am i still legally bound to her if she is already re married to someone else.What will happen if she doesn't response to legal notice.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1) don't send legal notice

2) talk to relatives convince your wife for divorce and file for divorce by mutual consent

3) if wife refuses divorce you can file for divorce on grounds of cruelty

4) please note that contested divorce takes 5 years and mutual consent divorce 6 months

5) wife cannot remarry during subsistence of earlier marriage

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. Best option is to go for Mutual Consent Divorce which makes divorce less stressful by saving time, effort and money. You can move on with your life just after 6 months of filing for divorce.

2. The other option is to go for Annulment of Marriage based on fraud- lies or misrepresention .

3. If she has already remarried then you can obtain divorce on account of her indulging in Bigamy during the subsistence of her earlier marriage with you. The wife shall be liable for punishment U/s . 494 of IPC for Bigamy and her new husband may be prosecuted U/s . 497 of IPC.

4. If she has remarried some body then you will not be legally bound to maintain her.

5. Even if she doesn't reply to legal notice, action under legal provisions can be initiated against her.

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
316 Consultations

5.0 on 5.0

1. If the marriage is broken for sure than dissolving it through mutual divorce is best suited.

2.So talk to the lady and make mutual divorce fast.

3. if she has remarried then you are not liable for maintenance.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

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1) you can file for divorce by mutual consent in bihar where your wife is staying if she is unable to travel

2) if wife does not agree for divorce by mutual consent you can file for contested divorce on grounds of mental cruelty

3) if wife does not contest you would get exparte divorce

4) if you remarry without divorce your wife can file case of bigamy against you under section 494 of IPC

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

I want to know what are my options.Since she is distant relative , can my other relatives play any role for graceful separation. Am i still legally bound to her if she is already re married to someone else.What will happen if she doesn't response to legal notice.

There is no concept or place in law for graceful separation.

You can ask her to sign the papers for divorce on the grounds of mutual consent, which shall be the best possible solution to this never ending problem.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

1. They may be ok to sign any document though.Would that help in any way ?

This would not help to solve the issue in any manner

2. I had word earlier with her parents(in 2015) and at that time they said they accept their fault and they ok if i moves ahead in my life and get remarried.but when i said lets close it gracefully for that they said dont pull us to court and all now .They said i am free from their side however I am afraid what if they change their stand later inspite other family members knowing the situation ?

If she is not willing to agree for mutual consent divorce, then you can file a divorce petition on the grounds cruelty and it can be contested divorce, if she accepts the summons and refrains from appearing before court, then she will be set exparte and exparte divorce can be granted which is also without shedding any blood in the legal war.

3. What if they don't response anything at all to either mutual consent divorce or contested divorce.

You can proceed as suggested above.

4. Secondly what could be legal implication if i didn't close it properly through court,she moves ahead in her life and i moves on in mine considering all senior common family members know about this situation and cause.

Both will be doing blunder mistake because s per law there has to be legal divorce without which there can be no second marriage too.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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