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Srinivas (IT)     20 September 2010

Remarriage-Divorse

My Name is Srinivas  I m working for a Pvt Ltd Organisation, I'm married in 2008 Dec and have a Kid now... ever since we are Married we are not at all leading a Happy Family, cuz we do not at all have an understanding of each other she will never agree to what i say nor i will like what she says, we hardly talk at home even if we have been living from past 2 years we never interact freely nor we share each others feelings becoz I dont like her in any manner i dont like her thinking i dont like her behaviour ... we are just leading life for our parents (ours is a Joint family).
I used to have a girlfriend from past 4 years but due to my parents wish i have agreed for an arranged marriage. But now she wants to marry me and she is saying she will die without me,even i love her a lot and i want to marry her. But the Problems are
How can i take divorce from my wife.( i have a kid now 6 months)
If she doesnt agree to give me divorce can i do a second marriage without divorce is that Legal ?
what is the process to take divorce and what are the points that i can quote ?
how many days it will take for the process ?
is it possible to take divorce even if one person wants it (I mean to say Wife or husband)
What could be the cost of the entire process ?
Please reply with the answer sir as im in really need of the answer now and i want to take a decission based on your answer
One more time i want to stress I m not at all happy with my wife I want to marry the other girl and lead a happy life like others
thanks alot in advance
 



 4 Replies

Kiran (Consultant)     20 September 2010

Looking at your post it is clear why you are not having good terms with your wife Looks like you are taking things very easily. Unless your wife also agrees to take divorce from you, it will become very difficult to get divorce in these type of cases. If you start fighting it may take more than 5 years and there is evry chance that your wife can file criminal cases against you and in your case her action can be easily justified.

My sincere advise is to forget about that Girl friend and lead a happy life with your wife.

All the best.

Bharat Bhushan (advocate)     20 September 2010

You have made a scapegoat of your wife for the sake of your family. You dont have any moral and legal right to ruin the life of your wife.

You dont have any valid reason to obtain a devorce decree from a court of law as mentioned in the act. However you can take a divorce if your wife mutully agreed upon. But you have to pay her maintence along with your daughter monthly or one time settlement.

 

Tajobsindia (Senior Partner )     20 September 2010

@ Author


1
. First you have to make AGREE you parents for divorce; remember you yourself say that it was a marriage to keep the wishes of yoru parents.


2. Having yourself if you say solved above issue no. 1 if there is grave (realistic) incompatibility then talk free of breaking the marrital ties with your wife with assurance of her and child's all future liabilites and hence set you free.


3. Having got the consent of your wife with reasonable (doubtful) monetary package agreement between you two proceed jointly with terms of Agreement ajurisdiction family Court and file for MCD and meet the agreed payment part as per Agreement and wait for the scheduled cooling period set by the ld. Court.


4. You are free post MCD Decree and after statutory waiting period for Appeal if any (90 days) you can marry this G/F of yours.


5. If all above para 1 - 3 does not work then indirectly Hon'ble SC has said recently that a married man can have a G/F so that is where lis to your happiness quotient is now goign to rest !


All above except 5 needs ot be followed in exact fashion as expresed (suggested).

Marrital counciling if suggested by anyone will fail based on your stated briefs so it will be simple waste of time. Marital counceling helps if it is set forth by a wife not the other way round.
 

Srinivas (IT)     20 September 2010

Sir, im really really thank ful to all of you for the response , Im not only thinking in my perspective, Im also thinking in my wifes perspective she many times told that she dont like me as our thinkings doesnt match and we dont have proper understanding between us.So i thought divorse is the only solution so that both can lead a happy life.I didnt propose this with my wife yet Just wanted to take advice from lawyers like you before doing that .


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