divorce petition

Your marriage is not legal. You don't need to do any thing. Your wife is subject to bigamy and cheating as she is not divorced first marriage.

according to law you can only marry second time when u legally divorce the first wife through court. in your case has it said by my led. friend i agree with that

My wife is previously married and has taken divorce on rs.200/- stamp paper.She has not taken divorce from family court.   ---   it is not a legal divorce, the marriage is invalid one and divorce not possible, in want of previous marriage dissolution.

Now she is pressureisung me to sign a divorce papers on mutual Understanding. ---  divorce on mutual understanding possible only when a valid marriage existed there. further pressure can not be created on divorce on mutual understanding

HMA Sec 5. Conditions for a Hindu marriage.

5. A marriage may be solemnized between any two hindus, if the following conditions are fulfilled, namely:-

(i) Neither party has a spouse living at the time of the marriage

NULLITY OF MARRIAGE AND DIVORCE

11. Void marriages.

Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.

MCD not possible in your case.

Your marriage is void one under sec 5 (i) of the HMA and can be legally terminated under sec 11 on prayer. If you interested a petition u/s 11 may be prepared.

fully agree with Mr Arup. Your marriage is a void marriage b,coz it violate sec-5 of HMA, any  spouse  can remarriage only after their divorce by a competant court.

=>  &  after 30 days ,if  there is no appeal preferred by the opposite  party after divorce. if appeal by the o.p then after dispossal of the appeal. according to FAMILY COURT ACT 1984. ok.

appeal period is 90 days.

Sir,

Can you mention under which section this falls ?

I am giving complete information about my marriage.

married on date:23/06/2006. we got married in ARYA SAMAJ. we had submitted our divorce papers in ARYA        SAMAJ.They did not take objection against my wife divorce papers.Our marriage is not registered under Family ACT.That is registration not done.

separted on : 10/10/2010.

wife :previously married and divorce taken on rs.200/ stamp paper.

        she belongs to shatriya caste.( less priviledge caste)

How do i bring end to this marriage?.  She is forcing me to sign Mutual understanding Divorce papers.

My Lawyer says you can only file MCD only after one year of separation. her lawyer says that we can file MCD right now.

Kindly guide me .

MCD means Mutula understanding Divorce.

thanks