Divorce in less than 1 year of marriage

it is better to file for divorce petition in a court of law and after decree for divorce issued, then marry another girl. it is for suggestion.  make a call to 9490929460 for query if any.

If the couple fails to appear in the court after six months and not later than eighteen months from the date of first motion, the divorce petition becomes null and void. Either of the couple can withdraw his/her petition within the six months term.

Please wait till divorce is pronounced by the court through its judgment. If your wife comes to know that you were remarried, if she files a bigamy case against you..you will end up in jail and loose money for bail and other problems cope up...If she have any grudge against you, then surely it will become a problem...Dont be hurry...Family disputes need patience to resolve...not remarriage on quick basis...Remarriage can satisfy only physical needs but do not reduce mental tension.....You shall remove her completely from your life legally and mentally....that gives you peace...

If yours was a court marriage in Nov'13 then, how come the petition was filed u/s. 13-B which is a MCD provision in the HMA..??? HMA is not applicable to you in the first place and even if your advocate have filed the MCD under the Spl. Marriage Act, then also MCD cannot be filed within one year of seperation. So, is contested divorce filed? Get it confirmed from your ld. Advocate  as to what has been exactly filed. Also, any such arrangement as quoted by you ," arrange one reconciliation agreement between us that we will never interfere in each other life and further if anyone wants to marry then other will not have any objection or claim over it " is not valid. To say that the marriage will be treated as cancelled on the basis of the said affidavit is also not correct.

1. will there any complication arrive due to my last marriage If I’ll go for another marriage. As currently I have only that affidavit as a proof and no any contact from past 2 years with that girl.

Ans: You say that the marriage took place in Nov'13, so how is that you do not have any contact with your wife from last 2 years, In any case remarriage without divorce will land you in trouble.

1.  Is it valid that under 13B if both parties haven’t lived together for a year can not apply for divorce and will have mutual agreement as an arrangement.

Ans: MCD can be filed after one year of seperation only. But you cannot legally remarry on the basis of any "arrangement" which will be illegal.

1. What we will be our future if I marry with someone else based on the affidavit agreement as other girl is not contactable.

Ans: The marriage will be illegal and void and your wife can file for bigamy.

1. Our Advocate has our original certificates of marriage, is it harmful for us.

Ans: It is a matter of trust between you and your advocate. But what was the need to keep the original documents with him when they are not to be filed in the court.

1. Currently I want to marry in Lucknow court jurisdiction. Is there any interstate matter affect us.

Ans: Wherever you remarry without divorcing your first wife, your second marriage will be void.

Archana mam,

Sorry for inconvenience due to typo graphical mistake. We registered our marriage at registrar office in Nov’11 after marriage solemnized under HMA in June’10. Which is 2.5 years back now.

I again consulted with my advocate and he is saying that he filed one petition for divorce under section 13-B in July’12 which is still alive. Now he is saying that he will cancel that last petition and will file a new petition under section 13 as girl is not contactable and I am the only who wants to remarry after completing my divorce. And he is saying it will take up to 1 year complete the divorce procedure.

Is it really going to take one year for divorce if I only file the divorce?

Or if I somehow manage to contact the girl and ask her to complete the divorce procedure which we started under 13B in July’12 then will court again ask for 6 month courtship period?

But my advocate is not answering satisfactory on my queries. He is totally confusing me in Notary magistrate marriage and registrar marriage. He is saying he file last petition in notary magistrate and now he has to cancel that petition and file again to registrar office under 13 and when I will get decree of divorce from registrar then there will be no value of notary magistrate’s marriage.

Whatever I got from this forum I have asked him then he keep on changing his statements. I really lacking trust on him now.

Please suggest the way forward and appropriate solution so that I can come out with this situation. He has also kept our original marriage registration certificates that’s why I am unable to move to some other lawyer. We do have only the agreement affidavit which he provided us. I will be grateful to all of you. Thanks.

There is no such thing like "Notary magistrate marriage". A divorce petition u/s. 13-B is to be filed in the court only and not with a notary. If the 13-B petition is filed in the court in july 12 then, the case must have been dismissed by now, as its now almost 2 years from the date of filing. You should have moved the second motion of MCD within a period of 6 to 18 months from the date of the second motion to get the marriage dissolved. It will be better if you contact your wife personally or thru some known persons and file a fresh MCD petition IN THE COURT.

 I just want to ask few questions-

1. will there any complication arrive due to my last marriage If I’ll go for another marriage. As currently I have only that affidavit as a proof and no any contact from past 2 years with that girl

Ans: The affidavit is of no use.  You have to obtain divorce from the Court.  Until then you can not marry again and if you so do, this second marriage will be null and void.

1.  

2.  Is it valid that under 13B if both parties haven’t lived together for a year can not apply for divorce and will have mutual agreement as an arrangement.

Ans: Both of you, together can file a divorce petition with mutual consent.  No mutual agreements or arrangements are recognized in law.

What we will be our future if I marry with someone else based on the affidavit agreement as other girl is not contactable.

Ans: You cannot marry based on the affidavit/agreement.  If you so do, it will be void.

1. Our Advocate has our original certificates of marriage, is it harmful for us.

Ask your advocate to hand-over the original marriage certificate to you.  

1. Currently I want to marry in Lucknow court jurisdiction. Is there any interstate matter affect us.

Already replied.  You can not marry without getting divorce from first wife.