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clarification on my divorce paper


Hi myself Hema, i got married in Feb 2018, my married life went on big struggle, because of dowry and my pregnancy. Totally I was there for only 7months, I got miscarriage in 5th month, baby is nomore. I had so much of physical and mental torture by ex-husband and his family. So I want to quit my marriage life. And then I got divorced through my community people. Advocate from my native only prepared that documents and after signing of that. He registered in subregister office with seal and sign. Is that enough for 2nd marriage as well as if I need to go to abroad. Please give me a resolution.

 
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lawyer

Divorce decree has to be passed by family court 

 

customary divorce is not valid 

 

your second marriage would be illegal 

 
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Ok thanks for your reply. May I know the cost for divorce. Because I belong to a lower middle class family and I have few debts. Kindly advice.

 
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lawyer

Legal fees vary depending upon lawyer engaged by you 

 

you can avail legal aid facilities at family court if you can’t afford legal fees 

 
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Thank you so much for your reply. Could pls suggest how can I avail that

 
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Divorce decree is given by court, you can't remarry till you get divorce from court.

You need to find out whether your lawyer has filed for mutual consent or contesting divorce in the court. if mutual consent then you may get divorce well within 2 years but contesting it may take 4 to 5 years approx from the court. in your case if Contesting divorce then you needs to proved evidences.

Divorce Grounds include cruelty, adultery, desertion, conversion, mental disorder, leprosy, venereal disease, renunciation, no resumption of cohabitation, and not heard to be alive.
 
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subregistrar/supdt.(retired)

Agreed with the advice of the above learned experts.

 
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Advocate

The divorce, through the approval of the community could be valid if such a custom prevails in your community, as saved under Section 29(2) of the Hindu Marriage Act:

29 Savings. —

(1) A marriage solemnised between Hindus before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or pravara or belonged to different religions, castes or sub-divisions of the same caste.

(2) Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu marriage, whether solemnized before or after the commencement of this Act.

(3) Nothing contained in this Act shall affect any proceeding under any law for the time being in force for declaring any marriage to be null and void or for annulling or dissolving any marriage or for judicial separation pending at the commencement of this Act, and any such proceeding may be continued and determined as if this Act had not been passed.

(4) Nothing contained in this Act shall be deemed to affect the provisions contained in the Special Marriage Act, 1954 (43 of 1954) with respect to marriages between Hindus solemnised under that Act, whether before or after the commencement of this Act.

Please ascertain whether there is any recognised custom in force in your community.

 
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Lawyer

Which community do you belong Ms. Hema ?

The community can not grant divorce, if so, it is illegal and invalid.

It is advisable to consult a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.

 
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Sir, Thanks for your reply. I belong to Kannada Saineegar community. This procedure has been followed by so many years. They told that 10yrs before, they started doing this and since none having no issues. I got this divorce one year before. In a bond paper, mentioning my name and his name that they are getting divorce mutually only it has mentioned. And the advocate has registered in subregister office with seal and sign. Then he handed over the original copy to me.

 
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