Need advice on divorce

Others

Hi there,

 

I am pawan from hyd.. I have married my girlfriend in aug 2008 but we were not staying together as I had my elder sister to be married. She stayed with her parents and I satyed with my parents. No one knew that we were married as we wanted to use this as a last option if our parents did not agree to get us married, we taught we would tell them that we are already married and move out. Now my sister got married in Feb this year. I am ready to marry her now but she says she has taken enough all these yrs waitng for me and does not want to get married or move out with me. She says she will go according to her parents wishes and marry someone else. I married her in a temple and I have the certificated and pictures of the marriage however, i did not get the marriage registered. I dont want to lose my wife as I love her truly and I know she has taken this decision coz she is fed up and wants to make their  parents happy. We were meeting rgularly sa we both work in the same office and we have intercourse regularly but its been 8 months now that we did not have intercource.... I just want to know that

 

1. Will she be able to get a divorce in any way when I am not willing to divorce her.

2. Will her parents be able to get her married to someone without taking a proper divorce from me.


3. All I want is to get married and take care of her as Its time for payback .. She has taken a lot for me and I want to take care of her.

I am just worried that she might take some hasty decison for which she might repent later but I do not want to lose her at any cost.

 

Thanks,

Pawan

 
Reply   
 
ADVOCATE

It is legally possibile by filing RCR, as you said that you have sufficient proofs.

My advice is not get her, as you face deep problems with the guy after getting back.  be ready to face 498a, and othe criminal cases.  But, still if you hope LOVE is great, fight back my friend.

 
Reply   
 



Registration of marriage is just one of the proofs of a valid marriage.

Wedding photos are sufficient to prove valid marriage.

She cannot marry legally without getting a divorce decree.

You can file RCR if you wants to live with her.

 
Reply   
 
Others

I will not file RCR as I am ready to giver her sometime so that she realises and comes back to me but I am worried that she might use this time to get divorced from me without my willingness.

Can she get a divorcee as we did not stay together in a same home and its been 10 months that we had s*xual intercource. Can these points help her to get a divorce even if I am against divorce. I heard from a frnd that these points are in her favour and she will get a divorce even If I wish against it.

I have hope that she would comeback to me .. all that she needs is time now and I am ready to give her time but I am scared that within this time will she take divorce with the above 2 points that my frnd said are in her favour

Please advice.

 
Reply   
 
Advocate

If the girl is in illegal custody of her parents then file a police complaint . If police complaint dosent works then file a HCP in the High court. There is also have chances to file RCR proceedings and you have chances for counseling for reconcilation also. You should decide which path you goes.

K.P.Satish Kumar M.L.

Advocate Chennai

@ 9962999008

http://yourdivorceadvocate.blogspot.in

 
Reply   
 

Hi,i need urgent help.

I got married 25 feb 2011. in july my wife file dowry case from bareilly up. i got stay order from high court allahabad.

high court refer to mediation center.  now we sattle the matter in mediation center.

in agrement  written that we can file divorce in district court. but judge has refused.

because in mutual divoce section 10a required 2 years seperation. he said this is mediation center report, not high court order. you get high court order.

they have also file 125.

now what i do. please sugges me. my mobile no. is 9990585029

only give me missed call i will cal you 

 
Reply   
 
POWER OF DEFENSE IS IMMENSE

Yes Mr Rajiv your problem is real.

If both of you are ready make mutual written agreement and follow the time table of law for MCD.

 
Reply   
 
POWER OF DEFENSE IS IMMENSE

Mr Pawan you are lucky that your spouse is living you withoug any problem.

Let the bygones be by gones and start a fresh and let her also live as per her wishes.

 
Reply   
 
Legal Evangelist - TRIPAKSHA

But mutual consent divorce requires one year of seperation only.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 
Reply   
 
Advocate

@ Rajiv

Completely agree with Sonee Kapoor. Now more than one year to the marriage is complete, you can file for MCD. Hire some good Family matter advocate who will guide both of you.

As far as Maintenance proceeding under sec 125 is concerned, you will be liable to pay the maintenance to her even after divorce unless you pay to her a lump-sum amount during the MCD proceedings.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Forensics & Evidence     |    x