Divorce
rajesh
(Querist) 18 January 2015
This query is : Resolved
sir my cousin brother want to marry a girl who is already married , and this girl's marraige is only on paper and they do not stay together ever, mrg is just for name purpose and now they ready for divorce by Mutual Consent but quiry is about, my cousin want to register for court mrg with this girl, so it is necessory for girl to take devorce before they will register in court for mrg with my cousin and another quiry is about girl,her earlier court marrige is in another state, now this girl can register for divorce from delhi or from other state, and and it is total days for this procedure, it can be possile in day or week if both parties are ready for devorce?and document require for divorce procedure?
T. Kalaiselvan, Advocate
(Expert) 18 January 2015
If that girl takes divorce from her previous husband on mutual consent grounds, it will take six months from the date of first appearance, your cousin has to wait until then to get married to her, if he does anything before that his marriage with her will be null and void, hence ask him not to take any chance.
rajesh
(Querist) 18 January 2015
thanks sir for your advice , but any other possibility to take devorce as early as possible with total formality or,it is necessory to attend second appearance?
rajesh
(Querist) 18 January 2015
and that girl register for divorce frm other state , or has to go same state where she married
Devajyoti Barman
(Expert) 19 January 2015
The girl can apply for divorce even from Delhi.
You can register marriage only after the divorce is granted and the registration can happen where both or any one is currently staying.
Rajendra K Goyal
(Expert) 19 January 2015
Agree with the experts.
The previous marriage should be one year old for Mutual Consent Divorce.
K.K.Ganguly
(Expert) 22 January 2015
1. Your cousin can not marry the said lady legally till she is divorced,
2. She can file a divorce petition before bthe court where she is currently staying,
3. Mutual Consent Divorce takes 6 months from the date of filing and contested divorce case takes ages to be disposed of.
rajesh
(Querist) 10 April 2015
sir in previous question i asked about divorce but i just want to know that in girl previous marriage, both parties were not presented infront of magistrate , total procedure completed in front of lawyer only and as a proof they only have stamped paper with sign of two witnesses, i want to know in this case we can say that it is court marriage or court marriage is possible like this? , or its just on stamped paper like we do in other procedure, and it is possible do a same means with new stamped paper that they want leave each other
