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Author Topic: Is divorce or annulment required  (Read 940 times)

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Offline vivek1977

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Is divorce or annulment required
« on: February 02, 2018, 03:16:31 AM »
Hi, I started living with a girl since 2002. We did not marry with any rituals or in temple and also did not register. However we had a baby from this relationship.
That girl has made my life hell now. I am living a really painful life. There is no relationship between us even though we are staying in same house, we hardly communicate. In some documents like voter card, aadhar card, I have put her name as wife and she has put my name as husband.

I want to move on and marry with someone and live a new life. Regardless, I am happy to continue to provide living expenses and separate accommodation to her and child.

In this situation, do I need to go to court and apply for divorce. Or am I free to marry.

Please advise.
Thanks
Vivek

Offline kalaskarkk

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Re: Is divorce or annulment required
« Reply #1 on: February 02, 2018, 07:59:59 AM »
Dear Friend

To avoid future complications, as you are ready to pay her maintenance, you may get into mutual divorce through court and settle the matter once for all.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
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Offline advjaibansal

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Re: Is divorce or annulment required
« Reply #2 on: April 03, 2018, 04:29:43 AM »
Dear Sir,

Despite the fact that there is no proof of marriage, there is a long relation between you and her, gives a presumption of marriage. Moreover, you act of putting her name every place as wife, further goes to proof that you have been residing at husband and wife. Hence it may be considered as marriage. There is a child also from this relation.

Please speak to her and take divorce on the grounds of mutual consent. You cannot simply leave her and get married. she may file several cases against you. Now domestic violence act also reconized live in relation ship. However, in your case, there is presumption of marriage more than a live in relationship.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

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Re: Is divorce or annulment required
« Reply #3 on: June 01, 2018, 09:52:07 AM »
As per Supreme  Court, that girl shall be regarded as your wife as both of you have been staying and leading a life as husband and wife though there is no existence of marriage either legal or social. Further a female child born.

You have to go for divorce preferable mutual if she agrees otherwise you have to file divorce case. In respect of minor child you have to take responsibilities and if your wife is also working then she must take equal responsibilities for welfare of child.

After divorce you can remarry
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Amarnath Sanyal
Advocate
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Mob - 09830303322

Offline PaulRunner

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Re: Is divorce or annulment required
« Reply #4 on: June 06, 2018, 02:42:41 AM »
It's something I can not read elsewhere.

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