See first of all I wife is ready for mutual divorce than that is best so first peruse her for mutual divorce if she doenot agree than you have to file a contested divorce on ground of cruelty under section 13 hindu marriage act in the family court and you have to prove that your wife has caused mental cruelty to you.

Further there can be chance that there are false cases on you filed by your wife when you file for divorce like domestic violence you need ready to contest same.

So I would advise you if you its better to settle with her give her alimony and ask for mutual divorce if not possible we need to contest divorce and it takes time.

Hello,

You can not marry her without taking divorce.

Also, you can only take divorce on the ground as mentioned in the Hindu Marriage Act.

If such grounds are not satisfied in your case then you will have to talk to your wife and obtain mutual consent divorce and then only can you marry her.

Regards

Contested divorce cases take 5 years to be disposed of

2) mutual consent divorce takes 6 months

3) if your wife is not agreeable fir divorce you have long legal battle ahead

4) you have to prove allegations made in divorce petition

Hello sir , the only way to get married to the girl is to obtain divorce from your existing marriage .. Convince her for mutual divorce if she do not agree file a contested divorce petition

1. Nothing you can do now legally since what you are seeking is illegal in the given condition.

2. One can seek decree of divorce on acceptable ground and no one can seek divorce for the fact that you have fallen in love with someone else out on your wedlock.

Go for the divorce procedure and be separate for 6 months to file a divorce petition on compatibility ground. The court will take 6 months to start the proceeding and decree depends upon the appearance of the other party.

Please be ready to pay the maintenance and expenses claimed and allowed by the court.

Try to find out some ground on which you can file divorce if she doesn’t get agree for mutual divorce.

There are number of grounds under section 13 of Hindu Marriage Act.

Without any reason you cannot file a divorce case to dissolve your marriage by a decree of divorce.

You dont marry her but you can keep her ion your house without marriage till the disposal of your divorce case

1. A marriage can be dissolved on many ground including on mutual consent of both parties.

2. When this is not possible then it has to be dissolved mainly on the ground of mental cruelty.

3. In this case it is not clear whether your marriage has broken due to her tortures or not. If not then divorce can not be granted as in India marriage is considered to be sacrosanct and marital tie is not broken on mere wish of the party.

4. Moreover in your divorce suit if your extra marital affair is proved then you loose chance of divorce for ever.

File a case of contested divorce against your wife.

The above divorce will have to be filed on one of the grounds as available to you under the Hindu Marriage Act.

1) Apply for divorce and than get married with that girl legally. As 2nd marriage without giving divorce to firat wife its not a valid marriage.

You can file divorce but can't give this reason in divorce. Try to give her lump-sum ailmony and take mutual Divorce