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parveen (own business)     19 October 2014

Seperation on merit basis

I am asking this on behalf of my friend.

 

She has applied for divorce, which is pending in the family court since a year. After being married for 3 years, she moved out of her husband’s house last November due to depression and disappointment from the traumatic marital life.

Her husband is now not willing to give her divorce mutually as the money (joint investment on the house) is involved and he has been behaving abnormal during the mediation sessions by going to the lengths of threatening her. She is now planning to apply 2 new petitions this November. One is for the Divorce on Merit (Separation basis for a year) and the other is the property case. Kindly answer to the below queries:

 

1.       Please could you brief the scope of her 2nd marriage as to WHEN is it legally possible for her to get married again?

 

2.       And the probabilities where there could be threats from her ex-husband post to her 2nd marriage, what legal action could be taken to stop such occurrences ?  Can there be any action or order passed by the magistrate to legally stop her ex-husband who might claim her back by any possibility, also stop his unnecessary intruding into her future personal life? Kindly explain.

 

3.       Maximum time taken while fighting the property case?



 2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     19 October 2014

Dear,

 

2nd marriage only after divorce.  After getting the divorce her ex-husband cannot threat her and if he does so, she can file a police compliant regrading the same, sorry in litigation there are no minimum and maximum time limits.

 

Adv Kapil Chandna

9899011450

T. Kalaiselvan, Advocate (Advocate)     20 October 2014

@Parveen, you have posted the same query in a different thread under a different heading, however your repeated query was properly addressed and to know my opinion, you may visit the previous thread.  Kindly avoid repeating the queries in different threads, if you have any continuation, you may post the subsequent queries in the same thread.


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