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MURUGAVELU D (PHARMACIST)     04 May 2012

Didn't get divorce for the last 4 years

This is a case of my friend narrated below, please provide proper solutions :

My friend got married in the year 2000, which was an arranged marriage by both the parties. They lived together in my friend's house with my friend's parents and his three sisters (two married and one unmarried). Misunderstanding started between the two from their start of life and my friend's spouse started to go her house frequently., hence my friend's father kept the couple seperately in a far away place (about 2 kms) from their house. There also the same problem occured. Further my friend's father asked them to settle in a place (about 250 kms) from their residence and kept them in a rented house and asked them to lead a peaceful life. Here also they had quaralled daily and she left my friend and went to her parents in the year 2002. Since then they lived seperately. My friend's spouse gave birth to a Male child. They were not informed about this. My friend moved to the court in 2002 for rejoinging in his native, but the case was shifted to his wife's native, which was 200 kms from my friend's place. He used to travel such a long distance to attend the court. In 2008, my friend still says that he want to reunion with his wife , but she asks for a divorce. The case is still pending.

Can my friend go for a second marriage ?, because he is now 35 years old.

What will be the court decision ? when'll it be decided ?



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     04 May 2012

Your friend cannot remarry without divorcing his first wife.

1 Like

MURUGAVELU D (PHARMACIST)     04 May 2012

Thanks for the reply Adv Archana, If my friend agree for a divorce, can the case be settled for a divorce.

Adv Archana Deshmukh (Practicing Advocate)     04 May 2012

If the wife is also ready for divorce then, they can obtain divorce by filing a joint petition for divorce by mutual consent in the court.

1 Like

MURUGAVELU D (PHARMACIST)     04 May 2012

If divorced, can my friend ask for his child to be with him ?

Would any compensation be paid to her ?

Adv Archana Deshmukh (Practicing Advocate)     04 May 2012

The wife can claim maintainence if she wants. As regards chid custody it will be better if your friend talks with your wife and settle the terms and conditions as regards to child custody or visitation rights. In case of divorce by mutual consent the amount of alimony, child custody is to be decided as per the mutual understanding between the parties and then record it in the petition. Let the parties talk with each other and settle upon something which is agreeable to both of them.

1 Like

MURUGAVELU D (PHARMACIST)     04 May 2012

Thanks to you Adv Archana, for your valuable suggestions............!

ArpitBhatia (None)     06 May 2012

Madam, can you please examine my query and give your valuable advice? The query is posted at the following link: https://www.lawyersclubindia.com/forum/Divorce-amp-custody-57167.asp


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