Marriage separation

Originally posted by : Jolly
	Hi,  My sister married in 2009 and separated from his husband after one year. After that there is no physical as well as any contact with her husband. There is no divorce case files in court since 8 years. Now she wants to do remarriage. She doesnt have any claim from her husband. Question - 1. Is it possible to re-marry in  court with a divorcee boy without any decree 2. If she wants for mututal divorce, how long it will take time. How many hearing will be attend in court. please suggest

No s*x at all?  How can that be possible?

Try for reconciliation.  Marrying divorcee is a bad move.  Failed candidate always fail, especially when it comes to marriage.  

Only taking divorce is legal way out.

Mutual will take 6 months time.  But husband has to give consent.  Simply getting married anyone anywhere will amount to bigamy.  Punishment for bigamy is 7 years for woman.  If husband does not agree for mutual divorce, lure him by paying him one time huge alimony so that he will agree to let your sister go.

Or else your sister can file divorce petition on any of the grounds available to her and contest it and take divorce.  See what suits your sister best. And do accordingly.  Take care.

 

IN all of thes years did you not try to send your sister back to her husband?  I think you are the person responsible for spoiling her married life by giving shelter to her at your home.

I told about divorcee right?  That applies for your sister also.  However Helping Hand suggests that go to husband and reconcile, second marriage wont work no matter how hard both try.

Hi, 

I didnt wrote the whole story about my sister married life bcus it doesnt matter to know..Just want to know.. what is the best way to go ahead.. Is it compulsory to get decree from court of law after 8-9 years of separation.. If yes.. how long it will take time to get decree in mutual divorce... is there any cooling period to follow..

 

Yes it is mandatory to take the divorce order first before solemnizing the second marriage. Now it can be done in 2 ways:

1) Judicial Seperation

2) Mutual Consent Divorce

Mutual Consent divorce will take about anything from 6 months to 1 year time from the date of filing the 1st motion. Yes, there is a cooling period of 6 months in mutual consent divorce.

Regards,

Adv. NITIN KAPOOR

8800692624 

thnaks Mr.Kapoor..

Sir 

Judicial separation wont end the marriage. You need a decree of divorce to remarry. Kindly consult a counsellor to amicably bring the marriage to an end. it is possible that the husband and his family might try to delay the process just to take revenge. it is better to take consultation from an expert. try a marriage and divorce consultant.

Regards,

@helping hand  have some decency at this forum. Your comments are not honourable to the members here

you and your comments are sick

Yes you need to talk to a marriage counsellor who will give you further guidance as to how to proceed further. Mutual consent is the best way and you need to bring the whole process to an end in an honorable way if possible.

@ Jolly 

1. After filing for Divorce in the court than only can your sister Marry.It is not possible to marry without divorce section 494 ipc applies than .

2. But you have to ponder on what grounds she is going file for Divorce . It seems you are catholics by the name .

3. Even if she files for desertation she will not get divorce as she herself has run away from him .Secondly you have not stated other grounds or which she can apply for Divorce .

4. When she could not adhere to the gospel " let no man break what god has joined " and for better or for worse till death do us apart . 

5. The Roman cathlic church will never grant your sister divorce if she so desires to get remarried in the church .

6. Better to get in touch with her first husband and go in for mutual consent divorce . 

7. If you are going to go in for contested divorce it will take 10 yrs .First trial court trial , than high court ,than supreme court . Till than your sisters hair will grow grey and by than the boyfreind( Divorcee )  who she is in love with will find another girl and get married. And whats the gurantee that this marriage will work 

8 . Newtons third law of motion applies " For every action there is a equal and opposite  reaction " 

  

@ Aurora

May i know without the author of the post stating the grounds how is his sister going to be granted divorce . Its the judge who can pass the order for Divorce that too if the grounds on which they are being filed  are proved .

I really havent heard of councellers passing a decree of Divorce to end the marriage and your statement to consult a counsellor that too after a period of seperation of 8 yrs . 

 

he has stated mutual consent. I suggested counsellor for the proper handling of the matter. Divorce matters are delicate. it may be the case that if they approach the husband immediately and cite their interest in divorce to remarry the husband might see it as an opportunity to harass. Thats y i suggested taking help. 

	Question - 1. Is it possible to re-marry in  court with a divorcee boy without any decree 2. If she wants for mututal divorce, how long it will take time. How many hearing will be attend in court.

@ Aurora

The very fact that the author of the post has raised question no 1. "without any divorce"   decree suggests that the husband does not want to give Divorce . 

And for mutual consent but natural the husband is not going to give in .Normally as i have noticed that a councellers duty is meant to patch up the marriage and not break up the marriage . When counselling does not work the matter goes back to court and based on the merits of the case the outcome is decided by the judge .

1) your sister should marry after getting divorce. Otherwise her second marriage will not valid and her husband (both ex and future) can file case against her . she will spoil her life in roaming court. 2)if her husband agree for MCD it may take one year to get divorce. 3) if she file contested divorce it may take a decade to get divorce

First: Try to save the marriage.

It might be possible to address and remove the differences.

Don’t marry with divorce.

Court alone can grant divorce.

MCD can be quick and easy.

You need to apply as per personal law e.g; Hindu/Christain…………………that applies in your case.

Divorce granted by church is not legal.

The church may not allow remarriage without divorce decree from court of law.

I have sent to you some links that you may go thru.