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LegalFighter (test)     30 May 2018

Validating marriage after divorce

DEAR EXPERTS, 

 

1. I have got divorce before 1 year after my RCR failed before 2 years and we are seperated past 5 years.My 5.6  yrs old son is with my ex.wife.Am visiting my son biweekly on sunday morning 10am-4pm.

 

2. Some messup happened in the GWOP petition in trial court.Now my CMA is pending in Chennai HC to get liberty to file fresh custody petition in trial court. Mean while mediation is happening in Judges chamber.

 

3.After 5 years I feel i got really a good judge and he is doing mediation at his best and trying for reunion.I had many conditions for reunion and I gave up all for my son now.But only thing is am not ready to giveup my divorce since I have no trust on my ex and am afraid that she may come and leave me again with my son for any reason.

 

4.So I will say "Am ready to take back and  live together with my son and my ex" in the next hearing becacuse I love my son much and I cannot see my son growing without his father.As a father I want to do everything for my son.

 

Now my question is :  If she comes back and stay with me based on  the above statement,does it restore the earlier marriage? still my marital status "divorced" is valid?

Note:My advocate is saaying "Your divorce is divorce, there is no way to restore it back since appeal time for ur ex is also over.Only way is to marry her again and register the marriage again".

 

Please advice.



Learning

 4 Replies

Adv Deepak Joshi +917017821512 (Advocate)     30 May 2018

Look Gentlemen!!

Once a decree is granted by family court or any other competent court and the period of appeal is over and further appeal is barred by limitation act, then divorce is final.

If couple wants again to live like husband and wife then they need to marry again.

If need any help please feel free to call at 9456777600.

1 Like

(Guest)

Marriage >>>> Dissolution of Marriage >>> Mutual divorce or Contested divorce.

Once divorce is granted and appeal period is over, no question of mediation, even if both parties did not re-marry.  No question of any judge conducting mediation between ex-husband and ex-wife.

Your problem must be during child custody mediation the above explained things might have happened and there you are a fool to agree to live with ex wife because of sons future etc.

Living with ex-wife, she will directly file rape case on you if you are under one shelter even for 1 minute.  And not even God can save you forget your attempt at passing LLB.

 

Your understanding of the situation is wrong.  Judge cannot conduct mediation for marriage which is already dissolved by court.

Now if at all you want to live with ex wife you should re-marrry her. 

That is a stupid option even if you in inebriated agree to live with same wife who troubled you till now.

Some people commit suicide fondly even Hon SC idiotically legalized committing suicide.  For such people I can only laugh.  True, idiots exists !! TGK Reddi sir, pls make note.

 

2 Like

LegalFighter (test)     30 May 2018

Yes Mr.Ramoji.I know its a stupid decision but what can i do? I love my son more and i cannot see him as a father less child.

Adv Alina Gupta (Lawyer)     03 June 2018

If you both decide to live together, then get married. Good Luck


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