Separated 2014 Separated 2014

5 years ago

I got married in hyderabad in 2008 through Arya samaj and it was a love marriage against family and the marriage was not court registered after 1 year I got to know that she is a character less women having illegal physical relationships with different mens and when i console her abt this y u have cheated betrayed me then she said that from early days she used to do this and but even after this i forgive her and given a chance to correct herself but she didn't and doing the same again and we have a kid of 7 years and unfortunately I was met with an accident in 2014 and i had a serious head injury due to which my body got paralyzed and im on bed completely and even after this she didn't even came to care see me and later she said she will keep kid custody with her life long and now from 2014 to till date we have no relationship and living separately and she had all arya samaj marriage certificate and photos with her
Please advice can I get marry with another marriage

Prabhakara S K Shetty

Responded 5 years ago

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A.I don`t understand how you are thinking of marrying again when you are paralysed. Anyway, if you file for a divorce, you will come to know her re action. if she refuses, ask for maintenance from her.
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Vidhi Samaadhaan Vidhi Samaadhaan

ROBERT D ROZARIO

Responded 5 years ago

A.No you can't go for second marriage without getting divorce from court. Since you both have decided not to continue with this marriage anymore, then mutual consent divorce is advisable.

Procedure of divorce through mutual consent in Arya Samaj
(i) Both the parties need to file together a petition seeking divorce before the District court.
(ii) Before filing of the petition, married couple should make sure that they are living separately for a period of one year or more. After petition is allowed, parties are required for filing of statement
(iii) Couple seeking divorce by mutual consent will have to give reason why they are not able to live together and mention in the petition that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
(iv) Court after a period of 6 months and not more than 18 months (cooling-off period) will give a date for listening to the parties.

If the case is withdrawn or the parties do not move to court at the given date(s), the petition stands cancelled. After hearing to the parties and on being satisfied, court may pass a decree of divorce declaring the marriage to be dissolved.
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Vidhi Samaadhaan Vidhi Samaadhaan

Bharat Pawar

Responded 5 years ago

A.Dear client
1) If you want to get married again then you must have to get divorce from first wife.
2) You can firstly send legal notice to your wife.
3) if she denied or not replied then file divorce case on the basis of adultery and mental cruelty.
4) you can approach to our vidhikarya lawyer for sending notice and filing case.
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Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

A.Sir, if you want to get married again then you must have to get divorce from first wife.you should hire family lawyer for filing divorce application into family court.firstly send legal notice to your wife through your lawyer and try to settle down ralations for your child atleast.if she denied or not replied then file divorce case on the basis of adultery and mental cruelty.you can approach to our vidhikarya lawyer for sending notice and filing case.
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Vidhi Samaadhaan Vidhi Samaadhaan

Namitabh Kothari

Responded 5 years ago

A.Ask her to go for Mutual Consent Divorce.
If she does not agrees then You will have to file for Divorce on the various grounds applicable to the facts of your case.
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Vidhi Samaadhaan Vidhi Samaadhaan

Nirmal Chopra

Responded 5 years ago

A.File a divorce petition on the grounds of cruelty and desertion. U can also ask for custody of your son and give proofs of illicit relationship of your wife.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ashutosh & Co

Responded 5 years ago

A.No without taking divorce u cant do the second marriage
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Vidhi Samaadhaan Vidhi Samaadhaan

Prabir Kr. Chakraborty

Responded 5 years ago

A.If yourself belongs to Hindu, go by Hindu Law - take legal assistance through Vidhikarya. Can marry again by Divorce.
PKC, Adv.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ramalingaiah Mulakatte

Responded 5 years ago

A.You need to file suit for decree of divorce. Go for mutual consent divorce if she agrees.
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