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
ajay sethi
(Expert) 16 January 2015
merely because husband and wife staying separately does not mean marriage gets dissolved . you need divorce decree from court . you cant remarry during subsistence of earlier marriage
Rajendra K Goyal
(Expert) 16 January 2015
seven years living separate theory is wrong, proceed with the divorce petition on merits.
