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jagan (ade)     23 July 2016

After divorce livein relationship

Sir, My self Jagan  married in the year1999, got ex party decree in the year 2006.Due to some reasons both my Ex wifeand me live in up to now till 2016. we had one female child in the year 2008(after divorce). Now due to heavy differences, we are now want to mseparate each other.Please let me know how to separate legally. Earlier 2006 ex party decree was sufficient !   fresh divorce aplication needs to submit. My ex wife asked me to register house in my female child  she is ready to separate with out any violation.Please suggest how to separate my ex wife and me with out any legal problems in future. Thanks, Jagan


 15 Replies

NARENDER RAO BASAVARAJU (Advocate)     23 July 2016

From your submission, it appears that you were divorced in the year 2006. However, there is a child in the year 2008. The child, for all practical purposes,including succession to the properties of their parents has to be treated as legitimate.

If both of you compromise for separation,then there is no necessity of any legal procedure.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     23 July 2016

Execute a MOU with her and mention all the terms and conditions and do separation, no need for any legal decree for separation.



prabhakar advocate (advocate)     23 July 2016

you haven't come out with full facts.  Even after divorce, why did she maintain physical relationship?  Any how, if you both come to a mutual settlement, that both voluntarily participated in physical relationship even after having full knowledge about ex-parte decree and want to separate after the female partener gets the house in the name of child.  It will help you to avoid any future legal hassles.  But once your daughter becomes major, this mutual agreement will not binding on her and she can sue you for maintenance or any other property rights, if accrue to her as per Hindu Succession Act.

jagan (ade)     23 July 2016


Thanks for your reply.From last 6 months we are not maintaining livein relatioship.My self and my ex wife staying in different places. Due to heavy mutual differences between me and ex wife  Now I am planning to marry another person. I am thinking she is going to file case againest me in police station. My question    under these circumstances Ex party decree happened in 2006 still valid or not. What steps i have to take before marriage.



Kumar Doab (FIN)     23 July 2016

You have been properly advised.


Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     23 July 2016

You may lead your life as you please and the ex parte divorce is suffiicient enough. However, know this that the child , shall stand to have his legal share in your property after your demise, unless you dispose off the property before your death or execute a will in some one elses favour,.

Augustine Chatterjee

Advocate & Solicitor at Law


Vibha   23 July 2016

  1. Your ex parte decree is valid.
  2. As advised by other members your daughter gets all rights of legitimate child.
  3. You apprehend that your ex will file a police complaint against you. What is the reason behind such apprehension?
  4. She can file a complaint alleging domestic violence. She can also file a complaint alleging rape. 
  5. An MOU outlining terms of your separation, acknowledging mutually consensual relationship and consensual separation would help you greatly. Try your best to get this outlined and executed.

Kumar Doab (FIN)     24 July 2016

The girl child is legitimate and has all rights.

You can benefit from the advise of experts.


Approach a very able counsel and proceed further under experts advise.


jagan (ade)     30 July 2016


Thanks for your valuable replies on this topic.I am happily  accepting rights of my girl child.I am planning to maary in the month of October 2016. After my marriage I am thinking my ex wife may file complaint  againest me in police station.I am working in A.P.State  Government department.

Please provide your valuable inputs under above situation.



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  • Lawsolva   02 August 2016

    Get free advice on any legal issue from our top lawyers at www.lawsolva.com

    Sudhir Kumar, Advocate (Advocate)     11 December 2016




    Sudhir Kumar, Advocate (Advocate)     11 December 2016

    also repeated



    Kumar Doab (FIN)     11 December 2016

    Why to repeat!

    Sudhir Kumar, Advocate (Advocate)     21 January 2017




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