Divorce after legal separation .... regarding

Officer

Summary so far:

Married in 1997, Lived separated since 2007, for reasons of incompatibility, infidelity, emotional abuse, etc etc.

Applied for divorce, (contested), in 2013, but was obtained judgement of 'Legal Separation'., in 2014. Reasons: Notice was not served to the party, expected an exparte divorce, but that did not happen.

Point to be noted: Paper publication was done.

Now:

Applied for divorce again, citing am its more than 3 years after judicial separation. But the court procedures are just dragging, each time, a new 'hearing date' is given.

Again, the reason is the same, court notice is not served.  I have checked, the address is right, but he is smart enough and rejecting any court notice by claiming a condition, person do not exist in that address.  Whereas, he is receiving kids' school letters etc and responding to the kid.

In such a condition, how is it possible to obtain a divorce?

How long will the Judge slog my case like this, is there no easier Judicial remedy ?

Seems Indian Law system is moving at a snail pace.... or even worser.

 

 


Total likes : 1 times

 
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Sir i want to do second marriage with my first wifes permission ..is it possible
 
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Advocate

Originally posted by : Nithya
Summary so far:

Married in 1997, Lived separated since 2007, for reasons of incompatibility, infidelity, emotional abuse, etc etc.

Applied for divorce, (contested), in 2013, but was obtained judgement of 'Legal Separation'., in 2014. Reasons: Notice was not served to the party, expected an exparte divorce, but that did not happen.

Point to be noted: Paper publication was done.

Now:

Applied for divorce again, citing am its more than 3 years after judicial separation. But the court procedures are just dragging, each time, a new 'hearing date' is given.

Again, the reason is the same, court notice is not served.  I have checked, the address is right, but he is smart enough and rejecting any court notice by claiming a condition, person do not exist in that address.  Whereas, he is receiving kids' school letters etc and responding to the kid.

In such a condition, how is it possible to obtain a divorce?

How long will the Judge slog my case like this, is there no easier Judicial remedy ?

Seems Indian Law system is moving at a snail pace.... or even worser.

 

 

What is the hurry? You have got 2 kids out of 1st marriage. 1st marriage ended up in bad divorce. As if that wasnt enuf you got into another relationshp.  It is unclear from your post as to when you got married to 2nd guy.

You are member in this forum since :Member Since : 05 February 2013  (Bangalore)

Read more at: http://www.lawyersclubindia.com/profile.asp?member_id=217634

This is 2018.  5 years already gone just posting same story with new twists.

I cannot understand why you need divorce this time. The 2nd husband ran away.  He will never come back.  But still you want divorce from him.  Are you wanting to marry  3rd time? Is that why you need divorce 2nd time?

Take mutual divorce. Thats the easier route if divorce is the only thing you want. Or else simply move in with whomever you want. Marriage does not make sense at your age and that too 3rd time, sheena will be shy now. :

 
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Officer

Originally posted by : Rama Kumara



Originally posted by : Nithya



Summary so far:

Married in 1997, Lived separated since 2007, for reasons of incompatibility, infidelity, emotional abuse, etc etc.

Applied for divorce, (contested), in 2013, but was obtained judgement of 'Legal Separation'., in 2014. Reasons: Notice was not served to the party, expected an exparte divorce, but that did not happen.

Point to be noted: Paper publication was done.

Now:

Applied for divorce again, citing am its more than 3 years after judicial separation. But the court procedures are just dragging, each time, a new 'hearing date' is given.

Again, the reason is the same, court notice is not served.  I have checked, the address is right, but he is smart enough and rejecting any court notice by claiming a condition, person do not exist in that address.  Whereas, he is receiving kids' school letters etc and responding to the kid.

In such a condition, how is it possible to obtain a divorce?

How long will the Judge slog my case like this, is there no easier Judicial remedy ?

Seems Indian Law system is moving at a snail pace.... or even worser.

 

 





What is the hurry? You have got 2 kids out of 1st marriage. 1st marriage ended up in bad divorce. As if that wasnt enuf you got into another relationshp.  It is unclear from your post as to when you got married to 2nd guy.

You are member in this forum since :Member Since : 05 February 2013  (Bangalore)

Read more at: http://www.lawyersclubindia.com/profile.asp?member_id=217634

This is 2018.  5 years already gone just posting same story with new twists.

I cannot understand why you need divorce this time. The 2nd husband ran away.  He will never come back.  But still you want divorce from him.  Are you wanting to marry  3rd time? Is that why you need divorce 2nd time?

Take mutual divorce. Thats the easier route if divorce is the only thing you want. Or else simply move in with whomever you want. Marriage does not make sense at your age and that too 3rd time, sheena will be shy now. :

Guess you have mixed up things....

I am here for a legal solution, and not for any personal advice.

For your information, i was married only once. When i could not obtain a divorce, how is it possible to remarry? I never married second time.

Mutual divorce is not possible, as he is not willing, he just wants to keep the marriage tag intact, for the reasons known only to him.  We have been living separately in different cities since 2007.

Remarrying or not - is my choice, am not looking for advice from others on this. You may mind your own business.

Am seeking Divorce for certain other reasons.

What am looking here is only for a legal solution....

 
Reply   
 
Advocate

Originally posted by : Nithya
Summary so far:

Married in 1997, Lived separated since 2007, for reasons of incompatibility, infidelity, emotional abuse, etc etc.

Applied for divorce, (contested), in 2013, but was obtained judgement of 'Legal Separation'., in 2014. Reasons: Notice was not served to the party, expected an exparte divorce, but that did not happen.

Point to be noted: Paper publication was done.

Now:

Applied for divorce again, citing am its more than 3 years after judicial separation. But the court procedures are just dragging, each time, a new 'hearing date' is given.

Again, the reason is the same, court notice is not served.  I have checked, the address is right, but he is smart enough and rejecting any court notice by claiming a condition, person do not exist in that address.  Whereas, he is receiving kids' school letters etc and responding to the kid.

In such a condition, how is it possible to obtain a divorce?

How long will the Judge slog my case like this, is there no easier Judicial remedy ?

Seems Indian Law system is moving at a snail pace.... or even worser.

 

 

Unless you satisy the Court on the service part, it will be difficult to get the matter to proceed ex-parte. You have mentioned he recieves kids school letters on that address right? If you can get your hands on those reciepts or the letters he sends to the kids, you an rely upon those  to convince the Court that he is staying on that address. That should suffice.

 
Reply   
 
Advocate

Originally posted by : Nithya



Originally posted by : Rama Kumara






Originally posted by : Nithya



Summary so far:

Married in 1997, Lived separated since 2007, for reasons of incompatibility, infidelity, emotional abuse, etc etc.

Applied for divorce, (contested), in 2013, but was obtained judgement of 'Legal Separation'., in 2014. Reasons: Notice was not served to the party, expected an exparte divorce, but that did not happen.

Point to be noted: Paper publication was done.

Now:

Applied for divorce again, citing am its more than 3 years after judicial separation. But the court procedures are just dragging, each time, a new 'hearing date' is given.

Again, the reason is the same, court notice is not served.  I have checked, the address is right, but he is smart enough and rejecting any court notice by claiming a condition, person do not exist in that address.  Whereas, he is receiving kids' school letters etc and responding to the kid.

In such a condition, how is it possible to obtain a divorce?

How long will the Judge slog my case like this, is there no easier Judicial remedy ?

Seems Indian Law system is moving at a snail pace.... or even worser.

 

 





What is the hurry? You have got 2 kids out of 1st marriage. 1st marriage ended up in bad divorce. As if that wasnt enuf you got into another relationshp.  It is unclear from your post as to when you got married to 2nd guy.

You are member in this forum since :Member Since : 05 February 2013  (Bangalore)

Read more at: http://www.lawyersclubindia.com/profile.asp?member_id=217634

This is 2018.  5 years already gone just posting same story with new twists.

I cannot understand why you need divorce this time. The 2nd husband ran away.  He will never come back.  But still you want divorce from him.  Are you wanting to marry  3rd time? Is that why you need divorce 2nd time?

Take mutual divorce. Thats the easier route if divorce is the only thing you want. Or else simply move in with whomever you want. Marriage does not make sense at your age and that too 3rd time, sheena will be shy now. :





Guess you have mixed up things....

I am here for a legal solution, and not for any personal advice.

For your information, i was married only once. When i could not obtain a divorce, how is it possible to remarry? I never married second time.

Mutual divorce is not possible, as he is not willing, he just wants to keep the marriage tag intact, for the reasons known only to him.  We have been living separately in different cities since 2007.

Remarrying or not - is my choice, am not looking for advice from others on this. You may mind your own business.

Am seeking Divorce for certain other reasons.

What am looking here is only for a legal solution....

Sorry, 2nd one is lover, 1st one is husband.  1st one is not giving you divorce and in meantime you found love in 2nd one (cab driver).

2nd one ran away due to your headache behaviour. 1st one not giving you divorce so that he can keep you hanging.  You have failed at live-in with 2nd one which is cabbie. Failed in marriage which is 1st one (Sapinda Marriage).

And now you want divorce from 1st one?

Options are:  Take mutual divorce.  You are discussing serving of notice from court.  In past 5 years you could not get one notice issued and reached to 1st one? I feel you have not paid fees to your advocate.  Still limping around notice serving to OP? since past 5 years? Does not make sense at all.  Either you are imagining a lot or this is a fake query.  But still I dont see any need for person like you to go for divorce, you also supposedly got back the cab from the cabbie which you financed out of love by way of bank loan.

Either party to the marriage, whether solemnized before or after commencement of the Hindu Marriage Act, 1955 can under Section 10 of the Act file a petition for judicial separation. ... Rights and obligations remain suspended during the period ofseparation. The grounds for judicial separation are same as for divorce.

Grounds for divorce in India as per Hindu Marriage Act:

  • Adultery. Either party to the marriage may present a petition for divorce under cl. ...

  • Cruelty. ...

  • Desertion. ...

  • Conversion. ...

  • Unsoundness of mind. ...

  • Schizophrenia. ...

  • Virulent and incurable leprosy. ...

  • Venereal disease in communicable form.

You are stuck at notice, When will you get divorced??? Divorce at age of 60 is of no use.  Better to concentrate on finding suitable boys for your girls than thinking about your own divorce at this age.

 
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Officer

Originally posted by : Adv Radhika Mehta



Originally posted by : Nithya



Summary so far:

Married in 1997, Lived separated since 2007, for reasons of incompatibility, infidelity, emotional abuse, etc etc.

Applied for divorce, (contested), in 2013, but was obtained judgement of 'Legal Separation'., in 2014. Reasons: Notice was not served to the party, expected an exparte divorce, but that did not happen.

Point to be noted: Paper publication was done.

Now:

Applied for divorce again, citing am its more than 3 years after judicial separation. But the court procedures are just dragging, each time, a new 'hearing date' is given.

Again, the reason is the same, court notice is not served.  I have checked, the address is right, but he is smart enough and rejecting any court notice by claiming a condition, person do not exist in that address.  Whereas, he is receiving kids' school letters etc and responding to the kid.

In such a condition, how is it possible to obtain a divorce?

How long will the Judge slog my case like this, is there no easier Judicial remedy ?

Seems Indian Law system is moving at a snail pace.... or even worser.

 

 





Unless you satisy the Court on the service part, it will be difficult to get the matter to proceed ex-parte. You have mentioned he recieves kids school letters on that address right? If you can get your hands on those reciepts or the letters he sends to the kids, you an rely upon those  to convince the Court that he is staying on that address. That should suffice.

 

Yes, How do i do the service part?

We have tried RPAD.

Letters from Kids college go to the same address and his receives it. And responds to daughter. College does not send registered post.

Is there any other way ??

Can i send a RPAD - self or through my daughter, (the same petition), will the court accept that acknowledgement?

Or any other way?

 

 
Reply   
 
Officer

Originally posted by : Ramoji Kumar



Originally posted by : Nithya






Originally posted by : Rama Kumara






Originally posted by : Nithya



Summary so far:

Married in 1997, Lived separated since 2007, for reasons of incompatibility, infidelity, emotional abuse, etc etc.

Applied for divorce, (contested), in 2013, but was obtained judgement of 'Legal Separation'., in 2014. Reasons: Notice was not served to the party, expected an exparte divorce, but that did not happen.

Point to be noted: Paper publication was done.

Now:

Applied for divorce again, citing am its more than 3 years after judicial separation. But the court procedures are just dragging, each time, a new 'hearing date' is given.

Again, the reason is the same, court notice is not served.  I have checked, the address is right, but he is smart enough and rejecting any court notice by claiming a condition, person do not exist in that address.  Whereas, he is receiving kids' school letters etc and responding to the kid.

In such a condition, how is it possible to obtain a divorce?

How long will the Judge slog my case like this, is there no easier Judicial remedy ?

Seems Indian Law system is moving at a snail pace.... or even worser.

 

 





What is the hurry? You have got 2 kids out of 1st marriage. 1st marriage ended up in bad divorce. As if that wasnt enuf you got into another relationshp.  It is unclear from your post as to when you got married to 2nd guy.

You are member in this forum since :Member Since : 05 February 2013  (Bangalore)

Read more at: http://www.lawyersclubindia.com/profile.asp?member_id=217634

This is 2018.  5 years already gone just posting same story with new twists.

I cannot understand why you need divorce this time. The 2nd husband ran away.  He will never come back.  But still you want divorce from him.  Are you wanting to marry  3rd time? Is that why you need divorce 2nd time?

Take mutual divorce. Thats the easier route if divorce is the only thing you want. Or else simply move in with whomever you want. Marriage does not make sense at your age and that too 3rd time, sheena will be shy now. :





Guess you have mixed up things....

I am here for a legal solution, and not for any personal advice.

For your information, i was married only once. When i could not obtain a divorce, how is it possible to remarry? I never married second time.

Mutual divorce is not possible, as he is not willing, he just wants to keep the marriage tag intact, for the reasons known only to him.  We have been living separately in different cities since 2007.

Remarrying or not - is my choice, am not looking for advice from others on this. You may mind your own business.

Am seeking Divorce for certain other reasons.

What am looking here is only for a legal solution....





Sorry, 2nd one is lover, 1st one is husband.  1st one is not giving you divorce and in meantime you found love in 2nd one (cab driver).

2nd one ran away due to your headache behaviour. 1st one not giving you divorce so that he can keep you hanging.  You have failed at live-in with 2nd one which is cabbie. Failed in marriage which is 1st one (Sapinda Marriage).

And now you want divorce from 1st one?

Options are:  Take mutual divorce.  You are discussing serving of notice from court.  In past 5 years you could not get one notice issued and reached to 1st one? I feel you have not paid fees to your advocate.  Still limping around notice serving to OP? since past 5 years? Does not make sense at all.  Either you are imagining a lot or this is a fake query.  But still I dont see any need for person like you to go for divorce, you also supposedly got back the cab from the cabbie which you financed out of love by way of bank loan.

Either party to the marriage, whether solemnized before or after commencement of the Hindu Marriage Act, 1955 can under Section 10 of the Act file a petition for judicial separation. ... Rights and obligations remain suspended during the period ofseparation. The grounds for judicial separation are same as for divorce.

Grounds for divorce in India as per Hindu Marriage Act:



Adultery. Either party to the marriage may present a petition for divorce under cl. ...


Cruelty. ...


Desertion. ...


Conversion. ...


Unsoundness of mind. ...


Schizophrenia. ...


Virulent and incurable leprosy. ...


Venereal disease in communicable form.



You are stuck at notice, When will you get divorced??? Divorce at age of 60 is of no use.  Better to concentrate on finding suitable boys for your girls than thinking about your own divorce at this age.

 

 

I found out who you are .....

Starting with Helping Hand, how many IDs have you created here???

Being an advocate, have you ever given any judicial solution to anyone so far ?

Just because you had a bitter divorce, it does not mean that you can talk to others anyway you want....

And you are not supposed to try to find females for you in a professional website like this, mind it.

Now, you can go, close this ID and open a new ID and continue following females, one by one !!!!

 

 

 
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