Divorce

Querist : Anonymous (Querist) 09 March 2010 This query is : Resolved
I had filed for divorce thru mutual consent 12 years ago on Jan1998. FOr successive three hearings, my wife did not make an appearance. Unfortunately, due to unavoidable circumstances, i had to relocate to a different city on June 1999 and was therefore unable to pursue my divorce case.
Today i am living separately for 12 years from my wife and she has no interest to reconcile. Further she is also reluctant to play her part in getting the decree. So under these circumstances what option do i have to file for divorce? Can i get an exparte divorce? With the exparte divorce, can i marry again? Also I wish to disclose that i have changed my name and am living as a married man with my companion for the last 10 years. Pls help untangle this issue. I do not have any valid proof of identity on my first name under which i married my first wife. How do i go abt filing the divorce?

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adv. rajeev ( rajoo ) (Expert) 09 March 2010
You can lead your evidence in the pending divorce case and get the decree. YOu need not to go for another divorce petition. Cnange of name is no way concerned to the petition.You have to lead your evidence on the same name shown in the pending divorce petition.

Raj Kumar Makkad (Expert) 09 March 2010
rajeev! How is possible that his first petition is alive till to date? definitely that petition must have been dismissed on default.

It shall be better to know the fate of earlier petition and obtain its certified copies and then to decide what to do. Obtain copies first from your counsel.

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