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Troubled Soul (XYZ)     20 January 2010

Help

I got re-married couple of weeks. I married a girl who is having a 5 year old daughter. We both live in different cities. We decided to cohabit after the end of her daughter's academic year at her school. Just after 15 days of marriage she called and told me that she doesnt think the marriage will work out because the child doesnt seem to adjust. She decided not to continue the relation. The marriage is not registered yet and is carried out under the HMA. I just have the temple certificate with me. We both have some marriage photographs and video recordings.

Is this marriage valid?
what can be done to nullify this marriage immediately?
Can this be sorted out in Lok Adalat immediately?
She had declined maintenance in her previous divorce. Is she liable for maintenance from me?
The adoption deed is not done, so does the child become my responsiblity?



Learning

 6 Replies

Prakash Yedhula (Lawyer)     20 January 2010

If both of you had obtained a valid divorce in respect of the first marriage, then this marriage is absolutely legal. The only option is to seek divorce by mutual consent before the jurisdictional court, if both of you agree. The Lok Adalat cannot grant any divorce. Since it is she who has decided to opt out from the marriage, maintenance  can be sorted out. 

1 Like

Troubled Soul (XYZ)     20 January 2010

Thanks for your reply. Can we file mutual consent divorce before completion of 1 year in this case. Since both parties agree would like to know why cant this be sorted out in lok adalat and save considerable time.

Lilly rose (n/a)     20 January 2010

Why want divorce very soon, planning to re-marry againagainagainagainagainagainagainagain???????????????

Lilly rose (n/a)     20 January 2010

Why want divorce very soon, planning to re-marry againagainagainagainagainagainagainagain???????????????

Troubled Soul (XYZ)     20 January 2010

no not planning to marry again and again and again. But if she has decided not to cohabit whats the point in keeping her status as wife and be ready for all sorts of problems in future.

niranjan (civil practice)     21 January 2010

Yes you may convince the court  for getting divorce before one year and court will waive the period.


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