Civil Procedure Code (CPC)

Marriage / separation /divorce

thank you sir , but here the girl i have got for alliance for marriage, told me that she has a separation judgement from the court and her husband got married to someone else with that separation judgement by the court , so she wants to get married as well to me and she said he will not trouble her hence forthe , hence she wants to do it as well with that same separation judgement , because she wants to take revenge from him and show him she can also get married , So my question is 1) where does this situation stands in terms of the law in india maharashtra ,2) what do u want me to understand by this situation and keep in mind , 3) should i go ahead to marry her because she has a separation judgement from the court ,would it be legal on mine, her, and her X husband who got married to someone else on that separation judgement 4) what do i need to do in a legal way ,and if not done what are the consequences of it 5) the difference between separation judgement and divorce judgement cos my family thinks bouth are the same and wants me to marry that girl .. 6)i should just say no to this alliance if they done follow the law and what is the correct way
practicing lawyer

Dear Qureist, separation judgement is too diffrent with divorce,  and the marriage between them is still exist in the eyes of law. and if you are going to be marry with her than your marriage is also void (Viod ab intio) and there such no validity stands in the eyes of law.

she can file divorce petition in the cometent court of juridiction (Family court), as she has told you that her husband also got married with someone else if she can file any document or proof in this regard and if she has also competed one year sepration with her earlier husband after the date of sepration decree, she may easily get the divorce in short period of time.


Jaspal S Maini(Adv)



hi Jaspal,

I m fed up with my husband and his mental torture and cannot make my life along with him anymore can i file a case and I wanted to take divorce from him, but he is not ready pls suggest wat to do.
practicing lawyer

Dear quriest, if your husband is not ready for mutual consent divorce than u have every right to file the case of divorce on the grounds of cruelty too...where his consent is not require.. you can contact me for more information. 》 Regards Jaspal S Maini (Adv) 9999987283



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