plz experts help my life

Dear Sir/Madam ,   i have married a girl on march 2013, after married on first day night she was told me, she is love one before marriage and her parents forced for we r marriage. so she didnt like to live with me.  After that i inform this matter to her parents. Then their parents advice to her and request to accept her. so i accept , so she come with me in chennai(working here) and live only 4 days. when she live with me 4 days she didnt allow me for s*x and dindnt like talk with me. so she left without inform me to her home. Then i inform her parents abt this matter. Their also told here after she didnt like to u, so get divorce, so their complaint to police on me as i am torcering her. finally i explain to police what happend, then their understand and police told their girl to pay 1 lak for marriage expanses and get mutual divorce..  so we are wrote one agreement front of notary lawer as we get mutual consent divorce...    Not registered my marriage.

  then i try to apply divorce in court , but judge not accept within one year for apply divorce, then my explain the situation and finally apply on august 2013 in the ground of 13 1 1a.  then send summon to her from court, she put sign and not put reply pettion till now....    also she didnt live with her parents in her native.... she separetly stay in chennai ladis hostel.. and hire lawer for getting continues hearing.... so i am not get expartee divorce.....

  now judge put first counter for three month gap, but now lawers boycott  so  this too much late  for next marriage......

  i am already 33 years old now, late marriage......    so in this situation can i do next marriage without getting divorce...? 


please kindly reply you are suggestion for my query.............and help my life what to do now?

Senior Partner

@ Author,

Wait for the trial to proceed in accordance with Law. 

Without valid Divorce decree you cannot marry second time. 

Notary divorce is not a valid divorce. 

I don’t think you may succeed using S. 13 (1) (1a) HMA as the facts shared here are of no s*x in a young marriage and incompatibility of spouses and instead should have plead ‘exceptional circumstances’ clause and got allowed S. 13 B (1) and (2) HMA which are normally allowed in cases under 1 year of marriage if 'both parties agree for the same'. The notarized divorce which you refer in your brief is ‘ joint agreement of both parties’ hence this hinted Section under HMA could have been got allowed and not what you are aiming now, which is my observation.

However, have patience and see what is in store for you as you married and marriage is either a payasam with lots of sweet into it or no sweet at all irrespective which age you got married !. 

[Last reply]



who advised for divorce you should have applied for null and void of marriage immediately once she left you now you have to wait till the final judgement and then only you can marry



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