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jay   01 June 2017

Nullify or mutual divorce which is good.

I married a divorced lady, she has already 2 children, she is born Hindu, but married to Muslim. I married her 2011 in Hindu married act only, but she was divorced her 1st husband as per Muslim TALAK I do not have children with her. Now we are living separately for one and half years. We want move away each other, she is agreeing for mutual consent divorce, but some where I feel if she changes her mind in second motion, then I will be suffering lot. So can I file mutual consent divorce or shall I file NULLIFYING the marriage. Pl suggest, which one have immediate recovery for me. Actually she is the one asking for divorce now, we don't have any children or property to settle each other. Kindly advice.


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 2 Replies

Sachin (N.A)     01 June 2017

You both need to file petition for mutual divorce 

Adv. Rakesh Martyn   01 June 2017

Originally posted by : jay
I married a divorced lady, she has already 2 children, she is born Hindu, but married to Muslim.
I married her 2011 in Hindu married act only, but she was divorced her 1st husband as per Muslim TALAK
I do not have children with her.
Now we are living separately for one and half years.
We want move away each other, she is agreeing for mutual consent divorce, but some where I feel if she changes her mind in second motion, then I will be suffering lot.
So can I file mutual consent divorce or shall I file NULLIFYING the marriage.
Pl suggest, which one have immediate recovery for me. Actually she is the one asking for divorce now, we don't have any children or property to settle each other.
Kindly advice.

Second time seeking divorce?

File mutual divorce, that is best option for both.  You cant nullify the marriage.   You need to take divorce only.  Next time dont marry. 


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