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remarriage

Querist : Anonymous (Querist) 05 May 2011 This query is : Resolved 
Hello,
I divorced 2 years before. I have 4 years old daughter. Just one week before I meet a person on matrimony site. We can think for remarriage but he is awaiting for divorce.
Actually he and his wife were separated before 3 years. he is giving maintenance amount to his wife from last one year. his wife is not ready to give divorce mutually. he apply for divorce before 4 months. now he is saying that he will get divorce in 6 months. Is it possible? should I wait for him or not? is there any law for court that can give him divorce in 1 year after applying for the divorce?
Querist : Anonymous (Querist) 05 May 2011
his maintenance case is closed before 1 year.
Devajyoti Barman (Expert) 05 May 2011
If he applies for mutual divorce then that is allowed after 6 months of filing.
But both of them must be staying separately for more than 1 year.
Querist : Anonymous (Querist) 05 May 2011
his wife is not ready for divorce. but his maintenance case is solved before 1 year. he is giving maintenance by court orders from last 1 year. they are separated before 3 years. Is there any rule that court should give discussion in 1 year after applying for divorce in his case? because his maintenance case is closed already.
Kiran Kumar (Expert) 05 May 2011
its not merely a matter of closure of case, all will depend upon the merits of the case. Since the wife is not willing to give divorce on the basis of mutual consent so the husband will have to prove his case for divorce. If the husband fails then the case fails.

otherwise also there are provisions for appeal etc. so the grant of divorce by the court is not a guaranteed phenomena, the applicant will have to prove the case.
Querist : Anonymous (Querist) 05 May 2011
Thank you Mr. Devajyoti and Mr Kiran.
Can you tell me how much period it will took for divorce?
PALNITKAR V.V. (Expert) 05 May 2011
In Maharashtra it takes about 2-3 years
Querist : Anonymous (Querist) 05 May 2011
Thank you so much Mr. Palnitkar.
M/s. Y-not legal services (Expert) 06 May 2011
Yes. Its will take minimum 2 years in tamilnadu.. You have to wait for legal divorce. Or else you may be bind as an accused under illegal second marriage..
G. ARAVINTHAN (Expert) 06 May 2011
Contesting divorce cases will not over in one year.. Both have to file pleading, the examination and evidence.. It is a process
Guest (Expert) 07 May 2011
If you like him for certain specific reaons, you will have to wait for legal divorce. Otherwise you may like to make a search for another person for remarriage, who can take proper care of your child.


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