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Author Topic: Second divorce for the same wife  (Read 527 times)

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Offline wrongdecision

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Second divorce for the same wife
« on: May 01, 2016, 10:59:26 AM »
Hi Everyone,

I have disputes in my matrimonial life and I need your inputs/help.

I got married as per Hindu law in 2007 and registered officially. My wife's character was not good (Sorry I don't want to give more details here). So we had lot of problems and got divorced by 2009 under mutual consent. After 1.5 years later she met me again and she said that she changed a lot. In addition she cried and asked me to accept. I accepted, we continued our life and got a kid by 2011. But we didn't legally marry again. Again she started doing her dirty things and I took her to many counselors but she didn't change herself. Again we departed by 2013. Now we are separated for 3.5+ years.

My kid is with her and I take care of my kid during my holidays. She is ready to handover my kid as well.

Note: I have few video evidences, mails, chats from her to prove that she is bad. But considering my kids future I don't want to do that. I prefer to solve it in an amicable way.

The questions are
- Do I have to apply for divorce once again?
- Is there any other ways to get the No objection from her?
- If Divorce is the only option, quoting the previous divorce is it possible to close it quickly

Thanks in advance!

Offline Advaradhyakirmani

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Re: Second divorce for the same wife
« Reply #1 on: May 01, 2016, 09:11:20 PM »
As you have mentioned after divorce you did not re marry, than where is the question of second divorce.

after the divorce when you both were staying together it was not under holy matrimony. it was a Live-in-relationship.

So there is no need to approach court for divorce since you are not married to her at this present moment.

Adv.Aradhya Kirmani
Expert in Civil and criminal laws

Offline rajgopal sripathi

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Re: Second divorce for the same wife
« Reply #2 on: May 01, 2016, 11:50:27 PM »
HI
Since you are not legally married to your wife (whom you had divorced through the court), there is no question of courts granting divorce again.
however yours will come under a category of live in relationship and you can choose to settle the matter by providing maintenance for the child .
there can be no monetary demands from the lady(either temporary or permanent).
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline advjaibansal

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Re: Second divorce for the same wife
« Reply #3 on: May 02, 2016, 01:24:00 AM »
Dear Sir,

I do understand that you have not got re-married but there is a child from the live-in relation after the divorce and in case the same is disputed by your wife, there may be a presumption of marriage because of long cohabitation and child from the said relation.

If wife is not ready to file any case or anything against you and you are residing separately, in such circumstances, you may file for nothing and take custody if you so desire. I am not suggesting to file for anything now unless any issue is taking up by the wife. You may get re-married even if you want to.

Technically, you don't need to take divorce from the ex-wife or any kind of no objection for anything. Just continue to live your life peacefully and take care of your kid.

Regards,
jai bansal, advocate
new delhi
supreme court of india
bansal.jai@gmail.com
09868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline wrongdecision

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Re: Second divorce for the same wife
« Reply #4 on: May 02, 2016, 03:12:13 AM »
Hi All,

Thanks a lot for your replies and I will come back with further questions if any.
Thanks for your precious time as well.

 

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