Legal Question in Family Law in India

I got married on Jan 2011 (marriage registered under HMA), and since after the marriage my wife left me after 15 days and she left my home started living with her parents. We persuded her what to come back but she did not came. The reason quoted by her is that she is unable to live in city as she is from a village.

In march 2012, there family resorted for the divorce. and opted that they belong to a village and thus customary divorce will be taken, I inform them even we went to court to conult some advocate then also he persuaded her parents to go for the MUTUAL Divorce under 13 B HMA, but due the lack of education they said that we will only go for the Customary Divorce (Deed of Divorce Agreement) which was executed in witness of a Notary and four other witness (two from my side and two from her side) and two original sets were prepared one is with me and other is with her.

Now after 3 months she got re married (my ex wife) and my family also persuaded me to get married. and I also got re married again in July 2012.

Now my second wife and me have applied for mutual divorce in court. (under 13 B HMA). In 2014.

After my second divorce decree is granted, what is the way to get the dicvorce decree for my first divorce (whose customary divorce papers are with me). My first wife has already re married. And its been more than two years I got my first customary divorce. Now i want proper divorce decree for my first divorce. MY first wife is not in India and she re married and she is out of India.

Now the question is should I apply for the Divorce petition on the base of desseration as its already being two years i got seprated as customary divorce. Or i should apply for the Mutual consent. If she is unable to come for the Mutual consent is she able to give POA to her mother who can appear in court on her behalf.

Please Please guide which is the best way to get divorce decree for my first divorce and how much time it will take on both ways respectively. I will really appreciate your time and answers....i genuinely need help in this matter.

Regards


Asked on 3/28/14, 3:40 am

2 Answers from Attorneys
Sachin Das Pareesseri

Dear Client,

You can certainly apply for a divorce from your first wife, but there are several problems. The main issue is that,actually as per law your 2nd wife is not at all having legal status of a wife at any point of time.

You can file petition for divorce at the family cpurt of your areaa and automatically the summons will go to your first wife but since she is broad you are required to conact the post man of your first wife s area directly and reqiest him to endorse the correctly, "Addressee gone abroad", then the family court shall direct you for a newspaper publication and after ewspaper publication she shall be set expate and divorce decree will be granted to you.

But be careful not to produce your 2nd divorce decree since it is an invalid marriage and you can also be booked for bigamy at that point of time.

Be careful while producing this type of papers before any person.If your first marriage was not registered keepcool, with your 2nd wifes divorce decree.

If you need any clarifications you cn contact me over my mobile 09387714156 any time, reasonable professional charges apply.

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Answered on 3/28/14, 10:29 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You do not need divorce from first wife.

However, on the basis of PoA with her mother, you may get an 'uncontested' divorce on the ground of desertion. do not forget to mention the fact of customary divorce and her re-marriage.

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Answered on 3/30/14, 8:58 pm


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