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Jessica (Sales Professional)     15 October 2009

Kindly help my friend in her decision

My Friend got married in 2007 and since the day one she was not living with her husband as he used to travel a lot and she was harrased by her in laws.... in 2008 she was deserted by her husband and since then he neither enquired about her nor sent a single penny till this day. Recently she got an alliance and she went with her counsel to his place to get mutual consent divorce in his counsel's premises and with her acceptance. They promised to come to Hyd to file the same but wantedly dint attend. Can U pls advise her what she has to do to marry the current proposal. Coz the present guy and his mother are insisting for legal divorce papers.



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 15 Replies

R.R. KRISHNAA (Legal Manager)     15 October 2009

Your friend can again approach her husband for mutual consent.  But if the husband again fails to attend or fails to keep up the promise, she can immediately file a case for divorce on the ground of desertion in the family court.  On her husband's appearance in family court , negotiations can be made and the divorce case can be converted into mutual consent and order can be obtained in short time. 

 

Jessica (Sales Professional)     15 October 2009

Thank u very much for the kind reply.... The time is very less for her second marriage.... she has already filed on grounds of cruelty and desertion .... she got the OP number..... This she has done on the advise of his lawyer..... how many days it takes for the summons to reach that guy ?

Jessica (Sales Professional)     15 October 2009

His lawyer herself suggested to go for Exparte divorce.....

Jessica (Sales Professional)     15 October 2009

The question is if she marries the present guy what kind of consequences she has to face.....coz her ex-bugger dint even bother whether she is alive or dead.... he doesnt know her whereabouts also..... is there any other way she can marry now ......pls pls suggest her ....she is totally tensed coz she doesnt want to loose her life any more after being betrayed for 1yr and 7 months

R.R. KRISHNAA (Legal Manager)     15 October 2009

Everything takes time in life (including service of summons).  You can advise your friend to wait for some more time with patience till the summons are served.  

Suchitra. S (Advocate)     15 October 2009

Jessica,

As advised by Krishna sir, yur friend should wait till the divorce is granted by the court before geting married for the second time. Second marriage will become void if she marries while the first marriage subsisits. Court proceedings will take place on its own pace. Let her hv patience.

1 Like

Khaleel Ahmed Mohammed (Advocate )     15 October 2009

She must obtain divorce through court, in both cases of mutual or not mutual.Otherwise if she marries another man,this will be penal offence, she will be proscuted for the offence Under IPC 494.

1 Like

Satyaprakash Sharma (Advocate & Legal Consultant)     15 October 2009

Jessica,

Khaleel sir is right.

Further, if your friend is seeking divorce on the ground of desertion. Same should have been for a period more than 2 years at the time of filing of divorce petition.

It will be better, if your friend files petition for maintenance u/s. 125 Cr. P.C. against her husband and in-laws and negotiate mutual consent divorce therein.

LEKH RAJ MEHTA (Advocate)     15 October 2009

Jessica,

It is very difficult to answer your query about the time taken in court for the service of summons or grant of decree of divorce. Frankly speaking, it may take years and years to get a final decree of divorce. So, you may advise your friend to arrive at a settlement with her first husband out of court.


(Guest)

Ld. Satyaprakash is very much right with his advise.
1. Off the records women in India may remarry without divorce with thewir first husband but the same is not accepted even by Apex Court for men to do so she can go ahead and remarry if she is such a hurry.
2. Filing under cruelty and desertion was a mistake as it will take years to get Decree and Court will be at tremendous burden to give her ex Party Decree. 
Rgds,
D. Arun Kumar, New Delhi

Adinath@Avinash Patil (advocate)     16 October 2009

BEFORE GETTING DIVORCE FROM HER HUSBAND YOUR FREINDGET MARRIED OTHER GUY  YOUR FREIND WILL FACE CRIMINAL MATTERS OF BIGAMY HENCE IT IS BETTER TO WAIT FOR DIVORCE DECREE.

A.P.Manoranjan (ADVOCATES & LEGAL ADVISORS)     22 October 2009

It is criminal to remarry when the husbond is alive.Since she has applied for divorce on the grounds of cruelty & desertion she has to wait  for a decree.

vivek dhavalikar (advocate high court.)     02 November 2009

approach attrocity cell crime against women and seek help.

Meenakshi (Lawyer)     04 November 2009

 Ok..................Settle it with the husband......Try and resolve by mutual consent...Convince him only that can give u a fast relief leading your friend to marry in time......


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