Clarification needed in hmop
Senthil
(Querist) 16 January 2015
This query is : Resolved
Team,
I got married on 2007 and my wife desserted me on early 2008. Its been almost 7 yr now. I have filed a divorce case and its still pending for 5 yrs. I had filed a complaint on 2008 in all womens police station asking my wife to come and stay with they had given a written statement that they would come and stay but they never turned up . I then sent a legal notice through my lawyer and after that I filed for Divorce. I am already paying MC and in DV I am asked to pay 50000/-
1. My point is that I came to know if a husband and wife leave separately for 7 yrs without any living relationship than the marriage gets dissolved automatically and they are no more husband and wife as per Hindhu Marriage Law. ( Honble judge in the DV judgement has clearly mentioned that inspite of several attempts made by me for renunion the wife has not accepted and preferred to stay with parents and not taken any step for reunion)
How far the statement is true. Do I have to file any petition to get divorce legally.
Can I get remarried without legally getting divorced and as my wife is not interested in continuing with me.
Need your help
M V Gupta
(Expert) 16 January 2015
U have already filed suit for divorce and paying maintenance to ur wife under the orders of the Court. Hence the question the marriage being automatically dissolved does not arise. ur information that living separately for 7 years results in automatic divorce is not correct.
Surender Kumar Sharma
(Expert) 17 January 2015
Before divorce you can not marriage again, automatic divorce is not in your case. On the other side your case of divorce is pending in the court, lets proceed in the case and wait for the judgement.
Biswanath Roy
(Expert) 20 January 2015
Take lawful steps to accelerate your Divorce case for an early disposal which will be the only solution.
Senthil
(Querist) 23 January 2015
can I file a petition to dispose the on going hmop case under grounds that I am already paying maintenance.2. The desertion period is more than 7 yrs.3. in the recent order by honble judge in DV case that wife is willfully staying with the father for 6 yrs and had not taken any step for living with husband
M V Gupta
(Expert) 24 January 2015
You may move the application in consultation with ur advocate
Senthil
(Querist) 25 January 2015
thanks sir. can I have any citiations to make my case stronger
M V Gupta
(Expert) 25 January 2015
U do'nt need any citation for moving an application for early hearing. U have to satisfy the court why u want out of turn hearing of ur case. U may note that there may be cases pending with the court which are earlier than ur's.
Biswanath Roy
(Expert) 25 January 2015
Pending disposal of the Divorce matter you cannot re-marry.
Whatever you stated in your query under first two paragraphs you state the same facts in your application and submit further that unless the court dispose the matter by fixing up an early date giving top priority your petitioner shall suffer from irreparable injury that cannot be compensated by pecuniary damages and also natural justice to the petitioner shall be denied.
Senthil
(Querist) 15 March 2015
Team,
Recently Judgement was awarded in Domestic violence case in lower court asking me to pay 50000 as compensation to my wife. Now my wife has filed a revision petition in upper court and knowingly sent court letter for appearance to my old address where I no longer. Luckily the old house owner called me up and said that there was a court notice in my name and she has returned it. They had filed the Domestic violence case and sent court intimation to my new address and the judgement order is also in my new address only. They have purposely done this to expartie the case. Should I wait till the case gets exparti and reopen the case expose their fraudulent intention.
Can I file any criminal case against them. Kindly guide me
M V Gupta
(Expert) 15 March 2015
Dont wait. As u have received the court notice, file ur appearance and contest the case.
