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Solomon   10 February 2025

Divorce suggestions

Me and my wife were married for 6 years and post that we are staying separatley for 12 years though we are not legally separated. Marriage is not consumated. I have been paying full EMI for the joint flat with additional 12k for her maintenance since 12 years which she is living and enjyoing the flat all alone. I have been paying full EMI for our joint flat with additional 12k for her maintenance every month since 12 years without any Court order but only under humanitarian grounds.

Given above situation where marriage is not consumated and we living separately for 12 years, Is divorce still needed to be taken from first marriage to go for a remarriage and settle my life?



 9 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     10 February 2025

Yes. You are paying alimony to your wife without a court order, but you are not a divorcee. Hence, you will get a divorce decree from the court concerned and remarry another girl.

1 Like

Solomon   10 February 2025

Thank you. My concern is that despite of me paying the EMI + maintenance, can she still ask for alimony as part of Divorce proceedings? Is my marriage not automatically cancelled as we are not staying for 12 years continuously and marriage not consumated? Can she still challenge in court asking for alimony and maintenance? I have lost 18 years of my life and I cannot continue to keep paying for marriage which is not consumated and no children too. I have lost my 18 years of my life, hard earned money [blood & sweat], faced domestic voilence and I cannot continue to keep paying for marriage which is not consumated and no children too. 

T. Kalaiselvan, Advocate (Advocate)     10 February 2025

Your marriage cannot be cancelled just because you are living separately away from each other for 12 years.

You have to file a divorce petition to dissolve your marriage by a decree of divorce.

1 Like

Dr. J C Vashista (Advocate )     11 February 2025

You have stated to got married for 6 years and living separate for 12 years without consumation of marriage ?

Be clear as to what do you want to communicate for proper analyses of facts.

Real Soul.... (LEGAL)     11 February 2025

why are you married then if you even did'nt consumated the marraige. In any ways you are still married and you can seek divorce from court until then keep it up...

P. Venu (Advocate)     11 February 2025

It is too late plead that the marriage is not consumated. Necessarily, you need to secure a decree of divorce from the competent court. It could be that divorce by mutual consent is possible. if so, all the issues could be mutually settled.

Solomon   11 February 2025

Thanks everyone for your suggestions. So it appears that though the marriage is not consumated and we have lived apart for 12 years, I still need to seek the decree of divorce from the Hon'ble Court and this marriage is not auto-cancelled. Unfortunate situation but still thank you.

Dr. J C Vashista (Advocate )     12 February 2025

Did you apply for annulment (instead of divorce) of the marriage, since the marriage is stated to have not been consumated ?

1 Like

Solomon   12 February 2025

No Sir. I did not know of this option of annulment. Can you brief and guide on this as what documents, evidences are needed for annulment?


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