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rohit (labour)     10 May 2012

Divorce

My brother's marriage has been carried out on 24/10/1999 and after marriage, his wife is went to her home town within 2 months as he was unable to give her better shelter. Marriage after 3 years he appeal for divorce and she is not comming to court for divorce. he has given her maintanance of Rs. 1.5 lac as lumpsum. Further she has taken all amount through court and not giving divorce. I came to know that she is married to other person before 3 years. You tell me the procedure for getting divorce as she alreary married to other man.



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 8 Replies

Ranee....... (NA)     11 May 2012

if she is married then her marriage to your brother is void.you can file bigamy case on her.

rohit (labour)     11 May 2012

Thanks for your reply. Thing is that my brother's wife is very rich and strong in politics. My advocate also mixup with them. How can I get divorce certificate? I think they have already taken the divorce certicate and she get married. Kindly do reply. Thanks once again from my bottom of my heart to you.

PP GOVINDACHARI (Jt Gen Manager(Fin))     11 May 2012

Go for mutual consent. She will readily agree. Do not complicate the matter.

Anjuru Chandra Sekhar (Advocate )     11 May 2012

To get divorce you have to file Original petition in Family court.  There is nothing like Divorce certificate, everyone must apply for Divorce in court and get a decree from court.  As you are saying your brother's wife is married, father fool proof evidences about it, and file for Divorce on the grounds of Bigamy and Desertion.

VMV (Law Firm)     11 May 2012

Dear Rohit

I would love to answer your query but first I will need some additional details :

1. What is the religion of your brother and his wife ?

2. Did your brother and wife have a court marriage 9 under Special Marriage Act) or was it carried out by rituals  ( eg. by taking pheras )?

3.Why did your brother pay her maintenace ?

4. In which year your brother's wife remarried ?

Please let me know the answers to above questions so that I can proivde a detailed response.

All the best.

rajiv_lodha (zz)     11 May 2012

Mutual Consent Divorce is the best answer possible.

rohit (labour)     11 May 2012

Dear Rohit

I would love to answer your query but first I will need some additional details :

1. What is the religion of your brother and his wife ?

Ans: Both belongs to Hindu religion.

2. Did your brother and wife have a court marriage 9 under Special Marriage Act) or was it carried out by rituals  ( eg. by taking pheras )?

Ans: It was carried out by rituals.

3.Why did your brother pay her maintenace ?

Ans: My brother applied for divorce and court told to pay alumni as 1.5 lacs for one time ( which is already paid) and still not received divorce letter(as she is not comming to court).

4. In which year your brother's wife remarried ?

Ans: 2007

Please tell me how he can get divorce letter(there is no cause of mutual as her family is very strong and my advocate is cheating now). Without the divorce letter can my brohter marry to other girl.

Please do reply.

rohit (labour)     15 May 2012

In response to your mail I am writing:

 

. What is the religion of your brother and his wife ?

Ans: Both belongs to Hindu religion.

2. Did your brother and wife have a court marriage 9 under Special Marriage Act) or was it carried out by rituals ( eg. by taking pheras )?

Ans: It was carried out by rituals.

3.Why did your brother pay her maintenace ?

Ans: My brother applied for divorce and court told to pay alumni as 1.5 lacs for one time ( which is already paid) and still not received divorce letter(as she is not comming to court).

4. In which year your brother's wife remarried ?

Ans: 2007

Please tell me how he can get divorce letter(there is no cause of mutual as her family is very strong and my advocate is cheating now). Without the divorce letter can my brohter marry to other girl.

Please do reply.


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