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Divorse

(Querist) 09 July 2015 This query is : Resolved 
Hi..We had married before 3 years love cum arrange, our marriage not registered.

After 1.5 years of married life, many times she has fight with me and tried to pull matter up to sepration. One day without telling anything she went to her Father home and then from their told she will not come back.
Even if we tried to make her and her family to understand but they said we want divorse only.
Because of her and her family pressure, i have to take mutual consent divorse before 1 year by making Sepration Document which was on Rs.100 Stamp paper and notarised. We have given all their things, gold, money etc.return back. Everything is metioned in Divorse Agreement that it is mutually and everything of her given back, waivr of Maintenance money etc. and on that her and her father and mine and my father sign was there.We thought that Divorse Procedure over as marriage was not registered.

But after 1 year of divorse when i am planning for remarriage, we came to know about Decree to be obtain.

When we approach them , they are asking adhoc heavy amount of money to sign Mutual Divorse for Decree.

I dont want to delay remarriage.Now what should i do ?

1) Should i give them sum money to sign mutual divorse ? or

2) Should i remarriage without applying for Divorse as Notarised Divorse Agreement is there with me of before 1 year.

3) Should I file Petition for Divorse in Court ? If i file, whether curt can order for maintenance money to her and how much it can be ? she is also working and earning around Rs.12000 p.m. , I am earning Rs. 50,000 p.m.
Divorse happens because she wants , why should i pay anything after 1 year again. ?

Please advice..
P. Venu (Expert) 09 July 2015
Before remarriage(?), it is mandatory that there should be a legally sanctioned divorce unless there is a custom prevalent to the contrary.
Rajendra K Goyal (Expert) 09 July 2015
1. Depends on you.
2. No, it would be illegal without divorce decree from court.
3. You should file case for divorce, preferably mutual consent divorce which can be allowed in 6-7 months while contested divorce may take 4-5 years or more.
Maintenance depends on how you oppose and prove against her demand in the court.
Dr J C Vashista (Expert) 10 July 2015
It is not a legal divorce, you are still married. Donot perform another marriage during subsistence of this marriage. Negotiate and bargain for amount to be paid further.
ADV-JEEVAN PATIL, MUMBAI (Expert) 11 July 2015
Agree with expert Goyal
Biswanath Roy (Expert) 14 July 2015
Without obtaining a decree from the court divorce cannot be legal. Hence, try to enter in a mutual consent divorce with your wife. Pay your wife one time alimony.


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