• Legal separation

I got married on 26th may 2013(m an hindu boy baniya family and my ex-wife was also an hindu baniya family) and some dispute arose between us and in family panchyat we signed notraised paper on 26th sep 2013. Now she got married on Jan 2014 to another man and now she is blessed with a boy. Now i am inviting my ex-wife to come and file a case in mutual consent divorce paper but her family members are not supporting and they are not ready to present in front of court for mutual consent. They are believed that the paper which v signed in past 2.6 years back are legal paper and on that basis they married their daughter to another man. Now from last one month i am requesting them to come and sign mutual consent. But they are refusing to it. Neither i want to file a case against her nor i want to disturb her personal life. Parallel the people who were in family panchyat are now threatening me and my mamaji of boycott from our Agarwal samajh if we filed a case against her. Now i want to marry to another girl and her parents demanding legal separation otherwise they wont marry their daughter to me. Please suggest me what shall i do so that my ex-wife need not to be presented in court and i also get a legal document from court for me.???
Please help me i am in heavy depression due to that panchyat and from my ex-in laws.

-Pradeep Choudhary
Asked 2 years ago in Family Law from Jaipur, Rajasthan
Religion: Hindu
1. These notarized affidavits which spouses execute, as a purported instrument of dissolution of marriage, do not have any legal character. A marriage can be dissolved only by the court. 

2. Your wife continues to be your wife for all legal and practical reasons as the marriage has not been dissolved by the court and she has committed the offence of bigamy by remarrying without obtaining divorce.

3. You cannot remarry unless divorce has been granted by the court, so if she does not agree to mutual divorce then you are free to unilaterally file for divorce on the ground of remarriage of your wife.
Ashish Davessar
Advocate, Jaipur
23084 Answers
639 Consultations

5.0 on 5.0

1) file for divorce on grounds of desertion and mental cruelty 

2) if your wife does not contest you would get exparte decree within period of one year 

3) your notarised agreement for divorce has not led to dissolution of marriage and has no legal standing and your marriage subsists on date 
Ajay Sethi
Advocate, Mumbai
46601 Answers
2756 Consultations

5.0 on 5.0

This is a very sensitive situation.  As per law, the letter you signed before the Panchayat is invalid and does not have any legal sanctity.  It is a waste paper in the eye of law.  The demand of another girl and her parents is quite reasonable.  You better contact me through Kaanoon.com.  

If you want your ex-wife to agree for mutual consent divorce, you have to file a case of Bigamy against the girl and her parents under 494 IPC. Marrying another person having legally wedded husband is very serious section having 7 years punishment.  To avoid this punishment they will come to you and agree for mutual divorce. 

If the panchayat people threatening you not to file any case, you can file a case under IPC and Human Rights Commission.  Police will arrest all the panchayat people. But I wont advise you this step.  Because all the community people will become against you.  You just warn the community people that if they come in between your personal matrimonial matters, you will file the above cases.  Inspite of that they interfere into your personal matters, then file the above cases, there is no other way. 
Ravinder Pasula
Advocate, Hyderabad
397 Answers
97 Consultations

5.0 on 5.0

If your ex-wife side is not entertaining for a mutual consent divorce also, you may file a contested divorce cae before the court and ask them to receive the summons but to remain absent from attending the court.  The court after satisfying about the service of summons shall decree the divorce in her absence by passing an exparte decree of divorce.  This way even she need not come to court and you will also get easy divorce.
T Kalaiselvan
Advocate, Vellore
36720 Answers
403 Consultations

5.0 on 5.0

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