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partheeban (S/W Develpor)     27 January 2015

Divorce second marriage

Hi,

I am from chennai. I am in love for past eight years. But 3 years back she got married due to her parents forces and blackmail. I too talked with her parents and try to convinced. But They are not. So she got married and left her husband with in a month. Then both applied for mutual divorce and got settled with their dowry & etc. They signed in front of court peoples in court. But the divorce decree and divorce order not came yet. Because both didn't  went to court for sign, when call came from court. Now i planned to marry her legally. because i am working in IT, so in future for applying visa and for others marriage certificate in necessary hope i am correct. Now her parents come to know that i am planning to marry her. So they not interested to get the divorce decree because they don't like me. I am 29 and she is 28. So we want to get marry ASAP. Note: Her Ex husband not aware of my loves and my current marriage plan.  Please give me an advise to marry her with out any problem. I should not be affected in future. 

 



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 10 Replies

partheeban (S/W Develpor)     27 January 2015

For me its first marriage.

saravanan s (legal advisor)     27 January 2015

dear parthiban you cant marry her legally till she gets divorce from court.even after she got divorce  she got to wait for 90 days because thats the period for appeal in high court against the decree by her husband.if you marry before that its illegal and void and at the same time she could be booked under section 494 for bygamy and other relevant sections


(Guest)

First let her get divorce decree.  Then you can think of marrying her.


But I suggest you marry some other girl.  She is a divorcee and I dont recommend a unmarried man marrying a divorcee.


It will simply lead to many complications.


Better marry a fresh unmarried girl.

partheeban (S/W Develpor)     28 January 2015

@Saravanan, @Helping Hand. Thanks for your valuable advise. Now i got an clear idea on my problem. Thanks once again. 

@Helping hand. I agree your point of view. But i loved her very much even before marriage. So i can't left her. I am a light heart person. I can't be happy if my loved one is suffering and in bad state.  

Now i have an another view. If i take her with me and living together in chennai. Once we received the decree their after we could register our marriage. Please give me an advise on this scenario. 

And her parents got lump sum amount from her ex husband for settlement in front of notary public in the court. And it is Mutual divorce case. Now the thing is both has missed the time, when the call came from court for signature. At this scenario if her ex come to know that i am taking her, then what are the possibilities her ex can do?

 

ANAMIKA VICHARE (LAWYER)     28 January 2015

Are you mad, you are educated person, trying to get married without a valid Decree of Divorce in hand.   This will becounted as Bigamy, you are planning to go abroad, it will create a big problem for you….first ensure that your ex lover has got decree of divorce n then marry her

 

 

 

For further advice send direct email to my ID

 

anamika_vichare@rediffmail.com

or Face Book A/c Anamika Vichare

 

partheeban (S/W Develpor)     28 January 2015

@Anamika Vichare Thanks you so much for your valuable advise.

Arpan Vasudev (specialist)     29 January 2015

Dont take me wrong the girl you are referring too might not stay with u also....sorry if I might sound harsh. The reason I said it is because u have mentioned ur in laws have got huge amount. So they might make u victim the next time.... Better be careful

partheeban (S/W Develpor)     29 January 2015

exparte divorce decree 

Hi All,

Is it possible to get ex parte divorce decree if the opponent party is not appearing court in MCD case?

Note: settle is done in front of notary public on MCD.

saravanan s (legal advisor)     29 January 2015

No the court will dismiss the petition if one of the parties remain absent for either the first motion after six months or the second motion after a year in mcd.

partheeban (S/W Develpor)     30 January 2015

If Court dismiss the case. What could be the next possibilities. ?

At this scenario shall that girl apply for new divorce case intentionally aiming for ex parte decree without knowledge of her parents and ex husband?(with the help of myself)

If so how to do that.


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