I got married on Jan 2011 (marriage registered under HMA), and since after the marriage my wife left me after 15 days and she left my home started living with her parents. We persuaded her to come back but she did not came. The reason quoted by her is that she is unable to live in city as she is from a village.
In march 2012, there family resorted for the divorce. and opted that they belong to a village and thus customary divorce will be taken, I inform them even we went to court to consult some advocate then also he persuaded her parents to go for the MUTUAL Divorce under 13 B HMA, but due the lack of education they said that we will only go for the Customary Divorce (Deed of Divorce Agreement) which was executed in witness of a Notary and four other witness (two from my side and two from her side) and two original sets were prepared one is with me and other is with her.
Now after 3 months she got re married (my ex wife) and my family also persuaded me to get married. and I also got re married again in July 2012. Now my second wife and me have applied for mutual divorce in court. (under 13 B HMA). In 2014.
After my second divorce decree is granted, what is the way to get the divorce decree for my first divorce (whose customary divorce papers are with me). My first wife has already re married. And its been more than two years I got my first customary divorce. Now i want divorce decree for my first divorce. My first wife is not in India and she re married and she is out of India.
Now the question is should I apply for the Divorce petition on the base of desertion as its already being two years i got separated as customary divorce. Or i should apply for the Mutual consent. If she is unable to come for the Mutual consent is she able to give POA to her mother who can appear in court on her behalf.
Please Please guide which is the best way to get divorce decree for my first divorce and how much time it will take on both ways respectively. I will really appreciate your time and answers....i genuinely need help in this matter.