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jay   21 July 2016

Divorce enquiry

Dear All,

I have married my wife 2011 who she already married and had two kids, after my marriage with her i consider the kids as my step childrens and lead my life as family. My wife first husband was a muslim and kids also born muslim, she had divorce with his first husband in the bond paper and sealed by mosque. Before marriage she told it was a dicorce paper for them, so i married her. But the problem is now her kids not liking me and want to live alone, so my wife also decided to live for kids and went away from me. Now am in soup lost my life and family. Am now 35 years old Hindu and my wife also hindu, we have register our marriage on 2011 as per government rules. Now i want to apply for divorce, i fear this will take long time or my wife will expect some money from me. Not even single money or gold i got it from her as a dowry till now, i want to know should i apply divorce or i should file a case saying her first marriage is not over as per govt rules, so my marriage is not valid with her. Pl guide me through your legal views on this, how to approach...thanks in advance. Also if am applying divorce what would be total cost involed including court and lawyer fees in Chennai.

 

 



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 6 Replies


(Guest)
Don't go for contested divorce. It's a big mess. You are lucky you don't have kids. Otherwise it's a BIG hell. Just be nice to her and somehow get her to sign mutual consent. That's the best option. Tell her she will also face lots of problems running around courts otherwise. Tell her false cases etc. will also give her lot of trouble, not just you. It costs about 1 lakh both court and lawyer fees involved (give or take 25k) for divorce case. If she doesn't agree for mutual, you could perhaps use the fact that you got cheated to contest the divorce, but avoid contesting as far as possible. Resolving amicably is best.

(Guest)
Also, don't listen to friends, relatives or lawyers who might instigate you to contest. If you resolve mutually they lose fun and fees. So they will encourage you but keep your cool and end it mutually. Try not to go to courts.

Khush   22 July 2016

well, dont file divorce.

go for mutal consent. 

try to settle matter amicably

P. Venu (Advocate)     22 July 2016

Yes, divorce by mutual consent is the best option.

A walk alone (-)     23 July 2016

First try MCD. In case she dnt agree file divorce on cruelty ground.

Vibha   23 July 2016

  1. If she was not properly divorced from first husband then your marriage is null and void ab initio, no divorce is needed. You will need proof of her first marriage and absence of valid divorce in case she makes any claim of maintenance against you. Once you have such proof, you can move forward with life without issues.

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