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sridhar0123 (Engg)     04 June 2017

Remarriage after contested divorce

I was married in 2008. My wife desrted me after one year of my marriage. I filed RCR in 2013 but she did not appeared in court and I finally received an ex parte decree for RCR. But after one week of RCR order I filed divorce on ground of desertion. My wife did not appeared in court for initially few months even in divorce case too. But after publication in news paper upon court order to appear her, she appeared and requested court to dismiss my devorce case because devorce case on desertion can only be filied after one year of RCR decree. But the family court judge did not cancel my devorce case. The devorce case continued and the case was desposed by family court last week. Court ordered contested allowed. I am Still waiting for copy of final order. During the devorce processing she refused to come with me and judge had mentioned that in his order. But the lady belong to a big family her brother is a judge and due to her brother 's influence family court put huge maintaince 40 Lack one time alimony. Which I can not pay and I am willing to appeal in high court to reduce alimony. Can I remmary now before appealing in high court. Please advise what best option I have.


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 1 Replies

Adv. Rakesh Martyn   04 June 2017

You cannot remarry without getting divorce decree from court.  Your divorce petition is dismissed as your wife has appeared in court and wants to contest the divorce case.  Now you have to appeal in High Court and seek divorce.  You dont have proper grounds for divorce.  Minimum time of separation is 2 years for desertion.  Even if you contest the divorce case, you wont be granted divorce. Only option available to you is to pay hefty alimony and take mutual divorce.  Start what I call as Mand-Vali with wife and co.  Arrive at decent figure, pay and be free.


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