jatin (AFSM) 15 July 2013

Divorce query

first i would like to thanks all members of this groop. its realy very helpfull to cevilien like my self.

i need sugestion come help.

my wife file mentanace case , now court order me to pay 3000/- pr month to my doughet+wife, am rerady to pasy such amt. even am paing from last 3 months. now my case is in sunday court, and from 2 month i never get any date.

now as my wife dont want to stay with me as she said in medeation foram or not even want to give divorce.

i wish to do 2nd marreage.

1) can i file devorce from my side. ?

2) there is no property on my name bt our home is on my mother's name whch she buy before my marreage.and also the same property is on 999 year lease. can my wife have authority to ask 50% in that ?

3)can i marry before devorece? weather my wife dont want to be with me ? is there anything in law to re marry in this condition ?

please help me.

thanks and regards.

Jatin Gurav.

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2 Replies

vivek malhotra (Advocate) 15 July 2013

u cannot remarry without taking divorce from your first wife. And your wife do not have any right, title or interest in the property of your mother.

Try to convince your wife to take Divorce by Mutual Consent and offer some hefty amount to her so that she may agree

Vivek Malhotra

Advocate

Adv k . mahesh (advocate) 15 July 2013

You are paying maintenance no problem

1) can i file devorce from my side. ?

yes you can file divorce but it takes more then 2 years plus but if both the parties agree then go for mutual consent divorce which takes less then 8 months by paying some consideration/alimony. even in divorce at last you have to pay some alimoney is she demands

2) there is no property on my name bt our home is on my mother's name whch she buy before my marreage.and also the same property is on 999 year lease. can my wife have authority to ask 50% in that ?

being your mother property she thus not have any right to ask

3)can i marry before devorece? weather my wife dont want to be with me ? is there anything in law to re marry in this condition ?

if you marry before divorce then it will be bigamy and your wife may arrest you for this kind of marriage without her prior approval

so in my view talk to her and take MCD and remarry if chldren are there decide who to be taken care of