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PuzoKumar   30 September 2018

Advice on marital status - married / legally separated

Hi All,  

I would like to get your advice on the below situation 

I married a known family member in 2015. This was an arrange marriage in rasjasthan.  After our marriage we strated having fights over silly things like cooking, not listening to me or even respecting my parents.  My wife started to vist her mom more often and not return for months. In total 3 years of our marriage she has only live with us for about 30-45 days spread across months.  

We have tried to bring her back but her parents wont send her and she is not willing to come back as well. neither are they willing to file a case in the court for divorce nor help me get legally seperated status. 

Marriages on our side gets settled out of court mutually and then there is no legal evidence or proof that can prove a person is married.  We will be following the same as well and end the relationship, however below are some concerns I have that might affect my future. 

1. I am planning to migrate to another country - I obviously cannot tell that I was never married and chose one of the options -  (Married, legally Seperated or divorcee)

When we end this relationship I am not sure what type of letter or document I can get from them that would say that we settled out of court and are no longer married.

Wil this be accepted by the Immigration departments, if yes , could anyone suggest or guide me on this please ?

How would some one go about solving this and not get into any legal trouble. 

I do not intend to resume this marriage again as she is not very understanding of me and does not support in any of my life goals, only cares about herself and her family all the time.

Thanks 

 

 

 

 

 

 



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 6 Replies

N.K.Assumi (Advocate)     30 September 2018

Everything is half baked and very difficult to spell out your eact status. Here, we also have such marital status that reminds me of Alice in Wonderland, having deep conversation with Hokah, the Caterpillar. Anyway, wait for other experts to resolved your mystery like marital status.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     30 September 2018

Get divorce by mutual consent from competent court to avert future hassels.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     30 September 2018

Get divorce by mutual consent from competent court to avert future hassels.

Rahul Rajput   01 October 2018

If wife is agree to divorce by mutual consent then why he share all his story here for suggestion. He also knows that you suggest.. I think my dear the law is only for mens... Thats y women do whatever she want... And resulting all men suffer... There is no law who ask women why they don't give divorce if she don't want to live in matrimonial house with husband and his family.. And it is requested you all lawyers pls suggest smthng different.. Don't suggest a common reply.... Coz u all are genius mind to solve many issues..

N.K.Assumi (Advocate)     02 October 2018

It is not fair on her part to play hide and seek with your life. Better file divorce petition in the court on the grounds of desertion and lead your own life in stead of living in such helish conditions. Forget about your immagriation for the time being and let all the dust settled down first and only after that you start a new chapter of your life. 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     02 October 2018

"Marriages on our side gets settled out of court mutually and then there is no legal evidence or proof that can prove a person is married.  We will be following the same as well and end the relationship,"

 "When we end this relationship I am not sure what type of letter or document I can get from them that would say that we settled out of court and are no longer married."

These are the excerpts from queriest's posts.  She is willing to end relationship.  Then, on the facts as narrated, the safest way is mutual consent, instead of getting divorce decree on RS.100/- stamp paper before panchayat, without having any legal validity and invite future repercussions.  After thinking only, I gave my advice, it is upto him to accept or deny it.  

 


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