divorce Procedure after remarrige of girl

Querist : Anonymous (Querist) 05 June 2010 This query is : Resolved
dear sir,
i have divorce without decree (divorce by panchayat on legal stamp paper with affidevit signed by both husband and wife)i have one child staying with her after remarrige with another person. my question is if i want to take legal divorce than what is the Procedure ?and for what she can claim from me?still i hv not married second time.

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Pankaj Mehta (Expert) 05 June 2010
divorce by panchayat can not be treated as a valid divorce, it can be used as a shield not as a sword during fiscal proceedings.
you can file divorce petition on grounds of desertion & Bigamy against ur wife.
if she is still living with some other person together in a household as his wife, collect some documentary evidence,

Arvind Singh Chauhan (Expert) 05 June 2010
I do agree with Mr. Pankaj

Adv Archana Deshmukh (Expert) 05 June 2010
If she have remarried now, you can talk to her amicably through someone and go for divorce by mutual consent.

Kiran Kumar (Expert) 06 June 2010
if she has remarried without getting divorce legally then her bigamous conduct can be equated with Adultery also, though not adultery in perfect terms but paves way for you get divorce legally.

panchayti divorce is not legal.

G. ARAVINTHAN (Expert) 06 June 2010
Separation based on writing in stamp paper and signing is not valid on the eye of law.

Call her to file divorce by mutual consent. if She not agree, send a notice that you want divorce under the ground adultery as she is living with other man during the pendancy of marriage with you.

J K Agrawal (Expert) 06 June 2010
Dear friends
I however differ all of you. If there is a custom among parties to repudiate marriage it is valid form of divorce. The remarriage is valid in all respects. It is called (in Rajasthan)NATA system of marriage and well recognized. The Honable Supreme Court validated such marriage and divorce. The divorce agreement by Panchas of society (known as KAGALI in Rajasthan)is valid document.

If there is established custom in your caste you need not to go for any further divorce because divorce is for only once and not again and again.

(If you require some supremecourt citations pl mail me at advocatejk@yahoo.co.in )

Davinder Khurana Ferozpur(Punj (Expert) 06 June 2010
Under the Indian Contract Act all the agreement and contract will be void if they are against public policy and not according to law. The divorce before panchayat is not according to law, the legal procedure is to file a petition of 13B before the Court who has been vesting with the power of Disitt and Sessions Judge.

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