Separated since from 2 years Separated since from 2 years

3 years ago

Dear sir / madam
Two years back I applied for a divorce but my advocate d oh my guided properly so whenever i go for a hearing they ask for some documents due to this they couldn't able to send the notice also..... Almost 7 hearing happened like that only then finally I changed the advocate but unfortunately this covid pandemic situation started.... So from past six months unable to take any decision because I have 8 year old son but my husband dint send him to me..... I m literally worried about my son.....
I requested my advocate to get my son atleast but he said until the court starts everything can't do anything he said. One of my colleague is proposing for marriage but I m confused about my present situation. I dint get divorced still and don't knw when it is going to disclose. Since it's almost 2 years we have separated can I marry my colleague or should I wait for divorce. But I know at present situation it will definitely take much time. So plz kindly guide me Wat else I can do

Abhimanyu Shandilya

Responded 3 years ago

View All Answers
A.First of all you cannot and should not marry unless you get the divorce decree. Second wait for the lockdown to get over then request your lawyer to move fast.
Thirdly you can ask your lawyer to file an urgent application for the custody of your child and have the hearing through video conferencing. If that does not work discuss with your lawyer to the possibility to file a writ petition ( habeas corpus) in the High Court to get your son back immediately.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconPlease provide legal advice on below
Dear Client, Sub-section 1 of Section 13 of the Hindu Marriage Act, 1955 presents the general grounds of divorce that are available to both the parties involved in a broken marriage and include cruelt...
question iconDivorce case
Dear Client, As per Order 5, Rule 20(1) of the Civil Procedure Code (CPC), where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of...
question iconDivorce - husband is filing a petition of divorce
Dear client, you can take up this issue further by filing a complaint on your in-laws for mental harassement and torture. He can get divorce on the said ground if there no proper justification on your...
question iconDivorce - my wife has been living separately
Dear client, if you want to be with your wife you can file a petition for restitution of conjugal rights or for judicial seperation if you want to live seperately as wife and husband. If you want divo...
question iconHusband being mentally physically and emotionally harassed
Dear client, the husband has to file a complaint under sec 506 of ipc for criminal intimidation and harassing. He can also file a divorce under sec 13 of hindu marriage act on grounds of harassement a...