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g.bharath (retired)     16 July 2016

Whether court order is for separation or divorce

THE HUSBAND HAD DESERTED HER IN JUNE 1994
can i a widower remarry a lady who has separated from her mentally torturing husband( with whom she married in year  sept1984) in june 1994 and has lived separately from him with two children till date. She is separated till last 21 yrs as on date.will it be legally tenable remarriage??

she had applied for petition EXPLAINING CIRCUMSTANCES for this separation and asked for monthly maintenance of Rs.30000. the final order of family court judge in civil court chennai states as under===

petitioners seek maintenance under section 125 of Cr.P.C.from respondent.

 In view of joint endorsement made by both parties,by which the petitioner received the permanent alimony of Rs.100000/=(one lakh) this petition filed under section 125 of Cr.P.C. is dismissed as withdrawn. No costs.

 pronounced by me in open court,this the 31st day of january 2008.



Learning

 7 Replies

Sood   16 July 2016

Yupe that is legal separation for more clearer can you send me the copy of petition
1 Like

Sood   16 July 2016

And copy of order aswell
1 Like

Vijay Raj Mahajan (Advocate)     16 July 2016

No decree of divorce issued means the marriage still exist, hence none of the parties can marry again.

1 Like

JustAdvisor (IT)     16 July 2016

Sir, if you marry her, you are asking for trouble. her husband can charge you for adultery (section 497 of IPC). I would advise you to stay away from this woman until the time she shows a valid decree of divorce.
1 Like

Sandhya Srinivas (Advocate & Legal consultant)     16 July 2016

Second Marriage will not be considerd valid unless you obtain decree of divorce of first marriage legally.

This link already answered by experts. just follow their opinion.

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 July 2016

Without divorce second marriage is an offence under section 494 of ipc. 

He can be live with her as live in relationship only.
1 Like

P. Venu (Advocate)     18 July 2016

The query appears to be stale. After a separation of more than two decades and the impossibility of an offspring out of the proposed alliance, it amounts to nothing more than a marriage. However, there could be problems as to inheritance.

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