Remarriage - separation for more than 7 years & div case run

Divorce is a must.  WIthout divorce you cannot marry again, you can provided you are a muslim.

At the most you can go in for live-in relationship but dont leave any record anywhere as to you are married to so and so person.

Apart from all this, not every body go to court.  Courts are made by the people who do not have understanding, if your headache wife does not want to create any headache for you, you may as well continue on living with any woman you like, finally it all zeroes down to understanding, even for getting divorce, you both need to have understanding that you dont want to live with each other.

Anyway you can ask wife to give her consent for mutual divorce under 13b, or you can ask her not to come to court at all and get ex-parte divorce.

Each has its own advantage and disadvantage.

What I suggest is go for 13b and get rid of headache permanently as she will if  you marry without getting divorced will always be legal heir to your properties. 

So think and make a move.

Hi Helping Hand,

I appreciate your response and really wish that I can make these suggestions heard by my blockheaded ex-wife, however she will never sign the 13B, hence mutual divorce is completely out of the question. Nor will she accept my suggestions of not coming to court and getting a Ex-parte. Her main objective is to torment me and gain sadistic pleasure out of that.

Is our legal system so much biased towards women, that she can do whatever the hell she wants and get away with that?

Any thoughts?

Thanks

you can file divorce on the grounds of desertion but you need to prove the court that the desertion is wilful

until you get a divorce you are not allowed to remarriage as it amounts to bigamy and also doing so will render the second marriage void

There is no concept of social re-remarriage in India.  Only after getting divorce, which has to be granted by the court, you are eligible for remarriage, otherwise live-in relationship is the only way.  It is not she who has to agree to give you divorce, if your reasons are strong enough, to prove that the marriage has broken down irrevocably, the court will grant you divorce. 

Originally posted by : chatterjeeA
	1. Can she drag the case on even if I prove mental and physical cruelty meted by her on me?

I think you have got two grounds to file contested divorce petition

1) desertion

2)  her cruelty (with the proof you have got )

Let the experts comment on this point 2.