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parveen (own business)     19 October 2014

Divorce

I am asking this on behalf of my friend.

 

She has applied for divorce, which is pending in the family court since a year. After being married for 3 years, she moved out of her husband’s house last November due to depression and disappointment from the traumatic marital life.

Her husband is now not willing to give her divorce mutually as the money (joint investment on the house) is involved and he has been behaving abnormal during the mediation sessions by going to the lengths of threatening her. She is now planning to apply 2 new petitions this November. One is for the Divorce on Merit (Separation basis for a year) and the other is the property case. Kindly answer to the below queries:

 

1.       Please could you brief the scope of her 2nd marriage as to WHEN is it legally possible for her to get married again?

 

2.       And the probabilities where there could be threats from her ex-husband post to her 2nd marriage, what legal action could be taken to stop such occurrences ?  Can there be any action or order passed by the magistrate to legally stop her ex-husband who might claim her back by any possibility, also stop his unnecessary intruding into her future personal life? Kindly explain.

 

3.       Maximum time taken while fighting the property case?



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     19 October 2014

Only after marriage she can get marry to second person, disclosing all facts to him.  She can go for partition suit if the property is in joint name.

Dr J C Vashista (Advocate)     19 October 2014

1. She can remarry 30 days after grant of decree of divorce.

2. Vague query.

3. Indefinite.

Engage and consult a local lawyer.

laxmi kant joshi (instructor)     19 October 2014

Only after taking divorce from her first husband she can re marry to another person , 2. detail of property is not given , if property is in her husband name then she cann't claim the right over that property, if it is a joint property then file partition suit .

prakash chandra jain (proprietor.)     19 October 2014

mr. prveen. she should not marry any one when her first marriage is subsisting. she must get divorce from her husband even mutual u/s13a h. m. act. she may remarry any one of her choice. as to her share in property or house, she can get it filing a suit for partition in court. it will take its own time. prakash chandra jain advocate indore freelegal aid to needy.no-09479848437

mohd imran.a.khan (lawyer)     20 October 2014

Without obtaining the decree of divorce from competent court she cant not re-marry ,if she is Hindu, if she is muslim then Husband has right to announce the talaq but a muslim women can take khula under shariat law.and can move an application for divorce under dissolution of muslim marriagr act in the court.if husband is threatening then file police complaint and domestic violnce cases etc. Advocate Imran khan 08000442138

T. Kalaiselvan, Advocate (Advocate)     20 October 2014

During the subsistence of her marriage, without dissolving it by a decree of divorce, she cannot marry another person, if such a thing happens, it will be null and void.   So no question of remarriage.  If she gets constant threat from her husband, she can lodge a criminal complaint against him in the police station, a magistrate cannot do anything on this until the police are found to be ineffective to her complaint. The time that will be taken to decide about the divorce case will depend on the court, it cannot be predicted.Further, she cannot get divorce or the grounds for divorce cannot be made on the basis of her separate living for a period or one year or so, she has to establish any strong ground for divorce.  As far as the property is concerned, if she is a joint owner, she can file a partition sit in the family court itself.


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