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Regarding my marriage

(Querist) 19 November 2014 This query is : Resolved 
Hello Sir,
I am in very bad situation please advice me how to go about it.
I was married in the year 2008 and due to some serious issues got divorceed in 2012. I am blessed with a baby girl and didnt expect any compensation from my husband as i was working . My daughter dont know who her father is. He is married to some other lady and settled down.

In the meantime I met one of my old friend who said he has various issues with his wife.He proposed me for marriage and we got registered marriage in July 2014. He has filed divorcee in Jan 2014 and was expecting final court order anytime.Now my worry is the final court order has not yet come and my husbands 1st wife and one kid is still staying with his parents(as her parents are not ready to accept her and she is his fathers sisters daughter) we stay seperately with my daughter. His first marriage is not registered. His mother, brother and my parents know about our marriage.He goes to that house regularly.

I trust my husband a lot,but I have a doubt that has he really filed the divorcee?( he says it is filed and to be expected by Jan 2015) Is there any way to find out? Can it be made duplicate?

Can she stay with his parents after divorcee?
Jayashree Hariharan (Expert) 19 November 2014
you either ask for a copy, but i would not suggest, as there will be problems between the two of you.
you can go to the family court and enquire whether any case has been filed, giving the names of your husband and his ex-wife.

if he has filed mutual consent, maybe it is cooling period.... just out in a nice way.
Devajyoti Barman (Expert) 19 November 2014
You did a great mistake by marrying a person whose earlier marriage was not dissolved a that time and even if he gets divorce by now , your marriage will not become.
To validate your marriage you have register marriage subsequent to the date of his divorce and till then your status has no legal force.
Rajendra K Goyal (Expert) 20 November 2014
Your second husband was not legally divorced from his first wife, his first wife can file case of bigamy. moreover without his formal divorce your marriage is not legal.

Entrust the services of some local lawyer and obtain the copy of proceedings of divorce case of your husband.
ajay sethi (Expert) 20 November 2014
you can engage local lawyer and ind out whether any such proceedings have been filed in family court or not
unknown (Querist) 20 November 2014
Thanks for the reply sir, if we get he divorcee copy in another 2 mnths but our marriage registration is in July, can the date be corrected in any way subsequent to divorcee date.

Pls reply Sir
unknown (Querist) 20 November 2014
Thanks for the reply sir, if we get he divorcee copy in another 2 mnths but our marriage registration is in July, can the date be corrected in any way subsequent to divorcee date

PLS GUIDE ME SIR.
ajay sethi (Expert) 20 November 2014
no after divorce you can remarry your husband and get marriage registered
Devajyoti Barman (Expert) 20 November 2014
Destroy the first registration certificate and register the marriage afresh.
unknown (Querist) 20 November 2014
Thanks A lot Sir For Guiding Me
ajay sethi (Expert) 20 November 2014
thanks for your appreciation
T. Kalaiselvan, Advocate (Expert) 22 November 2014
The author's query has been properly addressed by experts, I have nothing more to add and I endorse their views.
unknown (Querist) 27 November 2014
Dear Sir,

As per my husband the above divorcee case is filled in Tamilnadu, as they both are cousins(fathers sisters daughter), the case is given to a lawyer who is thier relative.Now my husband is saying that his mother has received the call from the lawyer twice that both the party has to appear before the court but my husbands first wife didn't go (she gave health reasons).The lawyer has told that third time also if she donot go the case will be closed in favour of my husband if he goes ans signs and it will be done.Is that So?

Do we get MC No one we file the case?

Now my husband is saying that shall we file the case again in Mangalore?? Can it be done?

Guest (Expert) 27 November 2014
The UN Known I Prefer to Ignore
unknown (Querist) 28 November 2014
Sir, I have put it as unknown because i wanted to keep my identity secret. If my husband comes to know that I am enquiring all these things there will be simply complications between us
ajay sethi (Expert) 28 November 2014
since your husband has filed for contested divorce and wife has not appeared inspite of service of notice court can pass exparte decree of divorce in favour of husband
unknown (Querist) 28 November 2014
Thanx a lot sethi sir
ajay sethi (Expert) 28 November 2014
thanks for your appreciation
unknown (Querist) 15 April 2015
Dear Sir,

In continuation to my earlier mail I just wanted to know what does HMOP 36 mean? ( Bcoz in my husbands case has been filed like that, Case Type),I asked him he is not knowing , under section mentioned below:
Under Act(s) CodeofCivilProcedure
Under Section(s) 13 (i)(i-a),(i-b).

The case is being postphoned from Feb, it is postphoned to June now stating the below reason,

Business : Further Pws No sitting by inchare Judge reposted to 11-6-15

Sir, why are the cases been so delayed, just help me Sir, with these legal terms.

Rgds
Monika

unknown (Querist) 27 April 2015
Sir , no one has replied.
Guest (Expert) 27 April 2015
Ms unknown,

You have received 6-7 replies to your query and had also been thanking experts for their replies, but still saying "no one has replied." IS NOT IT STRANGE?

What I guess, it seems that you only want to get your law school academic exercise to be solved by the experts.


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