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what to do for legal procedure?

(Querist) 07 July 2008 This query is : Resolved 
i got married and separated in the first month itself.we settled all her belongings and the permenent alimony as they asked for 1lac.It has been entered in an agreement paper as we both accepted for mutual separation(that also mentioned in that agreement paper) and both the sides are signed with witnesses.But they are threatning("will not cooperate") and demanding more money now as i want to legally divorce her.we dont have kids also.Now we are separated for 7yrs and did not proceed with anything legally.But they are advertising in the matrimonial page for her's second marriage without legally divorced.What can I do?.it seems they least bather about legal divorce n making me also suffering in this.Kindly help me regarding this.
KamalNayanSaxena (Expert) 07 July 2008
File petition u/s 13 of Hindu Marriage Act before the family coutr having jurisdiction, where your marriage was solemnised or both of you lived together last.

Seven years seperation is a reasonable cause for decree of divorce.
yes, Mr. Kamal Naraya is absolutely right. Seven years of separation is a sufficient ground for getting a decree of divorce.
SANJAY DIXIT (Expert) 08 July 2008
The said agreement would be beneficiary to you in the case for divorce.
Rajesh Kumar (Expert) 09 July 2008
Well, it is legal phenomena i want to bring to the notice of lwyers club.
Divorce deed- at certain places i have seen the people take mutual consent divorce on the basis of personal agreement called divorce deed. Off course it is not legal, but it works. What varun has made in form of agreement is divorce deed. The other party is advertising for marriage- they are convinced that divorce is final.
Why not allow them to proceed with their new marriage, and then apply for divorce- based on desertation and second marriage- you will get legal divorce soon.
Actually such things shows failure of legal process- when people stop believing that law can be a good dispute resolving process.
varunraj (Querist) 09 July 2008
Thank you very much for you peoples concern towards my query.How to proceed with desertation divorce.How can i prove that she is not lived with me for past so year?.
Srinivas.B.S.S.T (Expert) 16 July 2008
The divorce deed you have mentioned might have a clause that the parties to the same are living separately and that they are intending to live separately from that day onwards so relying on the same you can prepare a petition.
SANJAY DIXIT (Expert) 16 July 2008
Yes Mr. Varun,
As Mr. Rajesh suggested, its right that you have not gained a Legal Divorce through the said agreement.
You said approach for legal divorce in the competant court of law and the said agreement would help you.

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