DIVORCE OR SEPARATION
SHIVAJI
(Querist) 27 December 2009
This query is : Resolved
I am 45yrs separated by wife for last 5 yrs with children in her custody. Reasons best known to her. My query:- can i ask for divorce or legal separation. What is difference between divorce and separation and what are the related issues.If there is something like legal separation then can i remarry or not. Please advise.
Adv Archana Deshmukh
(Expert) 27 December 2009
In case of judicial seperation the marriage still subsists while the husband and wife lives seperate, so you cannot remarry. In case of divorce the marriage is dissolved and the relationship as husband and wife ends and so both the spouses are at liberty to remarry.
Kiran Kumar
(Expert) 27 December 2009
Adv. Archana has explained perfectly.
if u wish to remarry then u ll ve to seek divorce in order to dissolve the marriage.
try to talk to her and file a divorce petition by way of mutual consent.
Sukhija
(Expert) 27 December 2009
I agree with above advice given by Adv Archana & Kiran Kumar
adv. rajeev ( rajoo )
(Expert) 28 December 2009
unless the marriage is dissolved by the competent civil court till than marriage is valid and it is still subsisting. During the life of the first wife second marriage is void. Seperately living by the wife does not amounts to divorce.
On the ground of desertion divorce can be applied.
